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HomeMy WebLinkAbout11-03-1992 r ~ A00108 No. AGENDA CI'I"Y OF DENTON CITY COUNCIL /.c"' November 3, 1992 Work Session of the City of Denton City Council on Tuesday, 4 November 3, 1992 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: Any item listed on the Agenda for the Work session may also be considered as part of the Agenda for the Regular session. ° 5:15 p.m. 1. E.tecutive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in Coa t-s v. City of Denton. 2. Consider legal action regarding Martin Luther King, Jr. Recreation Center. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Consider sale of real property along Carroll Blvd. to Dale Irwin. 2. Consider lease regarding the city Hall Annex at 324 Fast McKinney. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 1, consider an appointment to the Electrical Code Board. 2. Receive a report and hold a discussion regarding the architectural/engineering recommendations to repair the Martin Luther King, Jr. Recreation Center and give staff direction. Receive a report and hold a discussion regarding a staff recommendation for Philadelphia American Life's rate renewal and plan design changes for the 1993 plan year and give staff direct°.on. 9. Receive a report and hold a discussion regarding the platting process and give staff direction, 5. Receive a report and hold a discussion regarding nominating a candidate for possible appointment to the Appraisal Review Board for the Denton Central Appraisal District and give staff direction. w c, r City of Denton City Council Agenda R S November 3, 1.992 Page 2 4 6. Receive a report and hold a discussion regarding a survey received from the Denton Central Appraisal District in regard to changing the District's fiscal year and give staff direction. Regular Meeting of the City of Denton City Council on Tuesday, November 3, 1992 at 7:00 p.m. in the Council chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be i considered: 1. Pledge of Allegiance i 2. Consider approval of the minutes of the Regular Session of October 20, 1992, j 3. Citizen Reports A. Receive a citizen report from Herman Wesley regarding a City Charter review. 4. Public Hearings A. Hold a public hearing to consider the preliminary and final replats of Lots 26 and 27, Block 1; into Lots 26R- 11 26R-2 and 27R, Block 1, of the C. C. Bell Addition, The site is located on the west: side of Frame street, approximately 350 feet south of Mingo Road. (The Planning and Zoning Commission recommended approval by a 6-0 vote at its 10/14/92 meeting.) 5. Consent Agenda Each of these items Is recommended by the Staff and approval thereof will be strictly on the basis of the staff racommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the staff recommendations. Listed below are bids and purehasos orders to be approved for payment under the Ordinance section of the agenda, Detailed back- up information is attached to the ordinances (Agenda item 6.A.) This listing is provided on the Consent Agenda to allow council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the consent Agenda, the item shall be removed and be considered before approval of the consent Agenda. w M` City of Denton City Council Agenda 3 November 3, 1992 l/ r Page 3 A. Bids and Purchase orders 1. Bid #1425 - Wire, Cable, Conduit and Connections B. Contracts 1. Consider adoption of an ordinance approving an agreement between the City of Denton and the North Texas Community Clinics, Inc. 2. consider adoption of an ordinance approving an agreement between the City of Denton and HOPE, Inc. authorizing the expenditure of funds for assistance to horr.eless families. 3. consider adoption of an ordinance approving an agreement between the City of Denton and Denton Housing Authority to provide funding to TWU Cares, a primary health care clinic. 4. Consider adoption of an ordinance approving an agreement between the City of Denton and Denton County Friends of the Family. 5. consider adoption of an ordinance approving a funding agreement between the city of Denton and Fred Moore Child Care center. 6. Consider adoption of an ordinance approving an agreement between the City of Denton and services Program for Aging Needs, Incorporated. 7. Consider adoption of an ordinance approving an agreement between the City of Denton and Denton City-County Day Nursery. b. ordinances A. Consider adoption of an ordinance! accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1425) B. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and John West for services in assisting City to research and prepare a revised set of Local Rules for City's Civil service commission, kjenda No Agenda Item . _..w- City of Denton City Council Agenda November 3, 1992 Page 9 C. Consider adoption of an ordinance authorizing the Mayor to execute a contract between the City of Denton and David M. Griffith and Associates, Ltd. relating to services to perform a general management survey and study j of City's Fleet Services Department's motor pool and garage divisions. + D. consider adoption of an ordinance authorizing the City Manager to execute an agree%ieot with the Texas Department of Transportation for installation of traffic signal controllers on FM 2181 at its intersection with Interstate Highway 35E, Oak Meadow Drive, and Londonderry Lane in Denton. F. Consider adoption of an ordinance releasing Larry D. Hemphill, Elizabeth A. Hemphill and Virginia F. Bridges from the obligations contained within the escrow agreement in lieu of performance bond and the agreement providing for deferred street improvements for perimeter paving on Masch Branch Road which they executed on July 310 s.-387, authorizing the party named therein as escrow agent. to release funds held pursuant, to these agreements. 7. Resolutions A. Consider approval of a resolution postponing the regular Council meeting of December 1, 1992 to December 8, 1992. B. Consider approval of a resolution adopting a personnel policy relating to nepotism. C. Consider approval of a resolution accepting a grant offer from the Texas State Library and Archives commission for constructing a public library facility. a. Consider an appointment to the Downtown Advisory Board. 9. Miscellaneous matters from the City Manager. 10. Official Action on Executive Session items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments Y. F i MendaNu ngeada Item- -City of Denton City Council Agenda November 3, 1992 Page 5 11. New Business This item provides a section for Council Members to suggest items for future agendas. o 12, Executive Session! A. Legal Matters Under Sec. 2(e), Art, 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(£), Ar; 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art, 6252-17 V.A.T.S. I NOTE: THE CITY EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH ITINTOIS LEGALLY PERMISSIBLE. h I C E R T I F I C A T E I certify that the above notice of meeting was pasted on the bulletin board at the City Hall of the City of Denton, k Texast the -day of , 1992 at ---o'cl ~~CI7`Y SECRETARY NOTE? THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAS'T' 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARYtS OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETAW S OFFICE. ACCOOOC5 w _ CITY - COUIN CIS, k - a I o~ooaaoaauoA4, T O Q r : oe o M I E o0ow °°aaaaac;,o~~ T-TT TI fi t ~a i Axinda No TO: MAYOR AND MEMBERS OF THE CITY COUNCIL ~()9A(Itl11i'_~~5 FROM: LLOYD V. HARRELL C ITY MANAGER DATE: OCTOBER 28, 1992 v U t SUBJECT: A REPORT CONCERNING THE PROPOSED RENOVATION OF THE MARTIN LUTHER KING, JR. RECREATION CENTER OUPH4EWATION: Bruce Henington and the Corgan Architects f Associates recommend that the City Council consider proposed solutioLstho correct JtheRlong-standing buildin Martin r King, rater, Staffrrealimzeathate the guaranteed repair is expensive. However, the proposed repairs can be completed through a step-by-step process, Refer to Attachment I a s-b-step la recommendation, B rucefstronglyprecommendsxthat~tian of Bruce's STEP I: We complete Part A: Humidity and Moisture Reduction (see Corgan Architect's Report now known as CAR, Pg. 18) at a cast of $98,800; +1 STEP II: Complete the gymnasium portion of Part B: HVAC I System Alterations (CAR, pg. 18) at a cost of $10,000; STEP III: Uncover and/or repair the circle vent on the north end of the building to be completed at a coat of $9,260 (CAR, pg. 16, item 4); STEP IV: At this point, the results will be evaluated for a six month period in order to determine if further steps need to be taken; STEP V: Should further repair be warranted we would then complete Part B; HVAC System Alterations at a cost of $66,000 (CAR, pg. 18), and STEP VI: Evaluate the floor to determine what further repairs are necessary for project finalization. If the floor demoisturizes enough so that it will not need replacing, then we will only need to resand and refinish to complete the renovation project at a cost of $17,340 (CAR, Pg. 17, item C,I.b,), . g_Y: The Mayor and Members of the City „ouncil directed staff to study the cause of moistt!,^e problems at the Martin Luther King, Jr, Recreation Center, to find out what we would have to do to resolve the moisture problems, and determine the cost to fix the building permanently, On November 3, 1992, staff and the consultants will present alternatives for the repairs and the cost of those repairs, We have attached a report that C explains the problems, provides solutions to the problems, and gives the cost of the solutions, I y F - t r, i Aflonde No PAGE 2 ~!lendaftem.. GvS MLK RENOVATION REPORT OCTOBER 29, 1992 oQKQ-RQ-QM: As you are aware, Bruce Henington withheld the riginal construction retention funds on this project because there were serious moisture problems in the MLK building from the day it was occupied. A settlement with the contractor was ultimately reached, and his funds were finally released. However, the fact remains that the building was constructed per ; the architects' specifications. The cause of the problems persists even though repeated attempts to remedy the problems of vtheeproblems time to the correct source ensure that we can continue to sarve the community with a sound facility, On November 3, 1992, we will discuss the problems and the needed repairs in depth, RNMAMS DEPARMH-T$_._Qa i WU-AFEEQ TF Finance, Facilities Management, Municipal Services and Economic Development, and Parks and Recreation FISCAL IMP&I: John McGrane, Director of Finance, will discuss the possible methods (see Attachment II) of financing the costs listed on pages 14-18 of the attached report from Corgan Architects which you received under separate cover, RESPEC r-FULLY SLIS 11-TED: Llo d' V. Harrell City Mar;9ger PREPARED BY: Bruce Henington Superintendent of I`acilities Management APPRO Munioip ?eSnr Eccct!tive Director /Economic Developmont i A POP 'Pr j MARTIN LUTHER KING, JR. RECREATION CENTER RENOVATION PROJECT STAFF RECOMMENDATION - COST BREAK DOYEN d REPAIR STEPS GYMNASIUM ENTIRE TOTAL COST ONLY FACILITY STEPI: [CAR, pg. 181 _ COMPLETE PART A: HUMIDITY AND MOISTURE REDUCTION $ 37,000 911800 98,800 STEP II: [CAR, pg. 181 COMPLETE THE GYMNASIUM PORTION OF PART B; HVAC SYSTEM ALTERATIONS $ 100000 $108,800 STEP III: [CAR, pg. 18, item 41 COMPLETE THE VENT PORTION ONLY UNDER PART B: HVAC SYSTEM ALTERATIONS - SEEUNDER COSTS FOR " THE ENTIRE ,FACILITY $ 9,260 $118,050 r. STEP IV: a PROJECT ON HOLD - 8 MONTHS; THEN EVALUATE IF THE FINAL PORTION OF PART B: HVAC SYSTEM ALTERATIONS SHOULD BE COMPLETED NO COST NO COST ;118,060 i STEP 1L: [CAR, pg. 181 COMPLETE PART B: HVAC SYSTEM ALTERATIONS (IF NECESSARY) $ 85,000 $183,060 STEP VI: (CAR, pg. 173 EVALUATE THE FLOOR TO DETERMINE WHAT FURTHER REPAIRS ARE NECESSARY FOR PROJECT 1 FINALIZATION. POSSIBLY IT WILL JUST BE RESANDING AND $ 17,340 $200,390 REFINISHING. ARCHITECT'S FEE - APPROXIMATELY 8% OF THE TOTAL PROJECT COST $ 18,031 GRAND TOTAL $2181421 ~v t l Y. t~ ATTACHMENT II agrnrla N. _ nl~ontlalton+___ ~ D CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 HEMORANDUM DATE: October 28, 1992 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive D1.roctor of Finance Y b SUBJECT: ^UNDING AT THE 14LK FACILITY Per your request, I have reviewed the status of the $11300,0001 1989, multipurpose facility, bond sale. As of September 30, 1992, an amount of $526,943 has been expended or encumbered leaving a balance of $773,057. As you are aware, because of economic conditions, the construction of the two additional multipurpose recreational facilities has been postponed. Therefore, the funds could be used for improvements at the Martin Luther King facility However, prior to the use of these funds, I would recommend that a proposal for use be submitted to the 191 Committee for review. In addition to these funds, there still remains an additional $1.4 million of authorized but unissued bonds that were proposed for the construction of the third multipurpose recreational facility. if you have any questions, or need any additional information, please advise, JFMCGtAf AFF003FA I 8171666-8200 D/FW METRO 434-2529 i 1 t} s 1 kooda No. Agenda Item-----. CITY OF DENTON MARTIN LUTHER KING, JR. RECREA'T'ION CENTER Investigation of Facility: Final Report October 20, 1992 I C 4 i Y. v: . tf r kn+ida ho. Nle CITY OF DENTON MARTIN LUTHER KING, JR. RECREATION CENTER Investigation of Facility: Final Report t TABLE Ol' CONTENTS v + 1. Executive Summary Page 2 2• Field Observations Page 3 3. Soils Analysis Page 7 Plates 1 - 12 4• Analysis of Previous Remedial Actions rage 9 5. Recommendations Page 1LI Plate 13 b, Cost Estimates for Remedial Recommendations Page 14 7• Cost Summary Page 18 C R Page I r n, I Nictida No CI'T'Y OF DENTON MARTIN LUTHER KING, JR. RECREATION CEN'T'ER Investigation of Facility; Final Report Executive Summary i The City of Denton Martin Luther King, Jr, Recreation Center (NiLK) is a one story exterior masonry stricture supported on drilled piers which in turn support exterior and interior beams and structural floor slab. Cracks have appeared in the exterior brick masonry, The gymnasium's wood floor in the west building area has experienced repeated buckling, High humidity, standing water and water condensing on the underside of the slab in the crawl space below the structure have been identified as the major contributors to this buckling. Inadequate room for expansion between the wood floor and the gymnasium walls also appears to have contributed (once the flooring took on moisture). The purpose of this investigation was to evaluate the factors of site s° drainage, crawl space drainage, soil conditions, crawl space ventilation, existing H'VAC, dehumidification equipment and building structure to arrive at recommendations to mitigate ongoing wood floor buckling and moisture presence. Section S of this report contains prelinunary recommendations regarding remedial action to reduce and abate the excess moisture and high humidity in the crawl space, control overall humidity within the building and allow for planned regular maintenance of the facility for ongoing operations, It should be noted that due to the building's low lying site location and current presence of subsurface water, it does not appear possible to eliminate ground water (during wet seasons) without the use of mechanical operating devices (i,e.t fans and sump pumps). I I C Page 2 t 'r. ;i ;t 4iantlaNo. Qua: CITY OF DENTON MARTIN LUTHER KING, A RECREATION CENUR Investigation of Facility: Final Report Field Observations 'The existing conditions of the Martin Luther King, Jr, Recreation Center were determined through site visits and photographs, review of construction documents, previous soils testing and later additional analysis performed by Rone Engineers, Inc. o S, Toub & Associates has also assisted Corgan Associates Architects in performing a preliminary evaluation of the MLK Center's HVAC systems. 1. Water Table The MLK Center was constructed in 1988 on a relatively low elevation site. Since that time there have been several years of unusually high rainfall. This was not the condition prior to the construction of this building (nor was water encountered at the time of the original soil borings), and thus we suspect the water table has risen significantly since the building's construction. This water is "running" under the building and "wicking" up into the sandy soil immediately under the structural slab. 2. Site (grading and Backl'ill Soils Due to this facility's location and design in a low lying and flat area, the opportunities for drainage away from the building were limited. The recent City efforts to establish positive drainage away from the building by adding soil adjacent to the perimeter was well advised, However, the highly permeable soils utilized (as well as previous backfill soils from the original construction) appear to be leaching water under the crawl space before it has an opportunity to drain away from the building, 3. Building Foundation As mentioned, the building is constructed on drilled piers which support exterior and interior beams and the structural floor slab. The exterior grade beams have been constructed over voids (carton forms) to prevent subsequent upheaval by expansive soils, Our field Investigations have shown these voids to be intact, thus keeping the bottom of the grade beams clear of the soil below and functioning,~roperly as designed, There does not appear to be an,, failure of the building foundation or its supporting structure, nor is the structural cjesign contributing to the problems with floor buckling in the gymnasium. Page 3 ` ` c 1 NPHIR No A0on0 1 fAl11__G~ d..... ~ 4. Cracks In Brick Masonry We have observed numerous locations around the exterior of the building that exhibit cracks both vertically through the masonry and diagonally through the coursing of the brick that appear to be related to thermal expansion and contraction. This appears to result from the lack of vertical expansion joints and control joints t~ through the brick masonry. Lt some locations there are cuts vertically through the masonry which have been "mortared in" in the same mariner as the horizontal courses of the brick. If these were intended to be control joints or expansion joints, there should be rlexible caulk or covers to accommodate the expansion and contraction due to temperature changes. There are no vertical expansion or control q joints within the recommended maximum ten feet of corners (as recommended by the Brick Institute of America), and therefore, thermal movement is resulting in masonry cracking, S. Crawl Space Drainage All crawl space soils are generally moist, with the moisture increasing to the south and west portions of the building. Additionally, there are locations with water standing atop the crawl space soils, especially along the south side, The entire; crawl space is generally graded toward existing sump pumps. This grading appears inconsistent, and there are locations were the grading does not provide continuous positive drainage toward the sump pumps, thus resulting in surface water pending, 6. Sump Pumps We observed three sump pump locations - 1) one in the southwest corner of the gymnasium, 2) one at the southeast corner of the entire facility and 3) one in the northeast corner of the entire facility. All the pumps appear to have been installed within vertical metal culvert type sumps without provision for silt removal or filtering, resulting in a continual silting problem, 7. Crawl Space Ventilation We noted that air intake vents have been added around the north ant] east sides of the facility. The south wall of the gymnasium contains a forced exhaust ventilation fan to draw air through the crawl space. Water condensation was observed to collect on the bottom side of the concrete slab above the crawl space in some areas. "I'hls condition became generally worse toward the south side of the building, which is furthest from the fresh air intake vents and closest to the exhaust fan, One factor that appears to be contributing to this condensation is the extremely shallow distance between the bottom of the grade beams under the concrete slab and the top of the crawl space soils. Page 4 , I 1 d Atlooda Ilom__Gt~~2 g. HVAC System R, to a. Building The condensing units and evaporator coils of the TTVA(, system appear to be generally somewhat larger mismatched, the condensing units being greater in capacity and necessary for the estimated loads allow . I t,is mismatch results in short "cycle on" times for cooling within the building, Such short cycles do not for adequate dehumidification within the facility humidity levels persist inside the building duringprolonged periodsrof htigh outside humidity. This appears to be a possible contributor to the floor buckling, The fan coil units above the suspended ceiling are in the proper sequence with respect to the duct furnace and appear to be adequately sized for the estimated loads, No bypass capability exists however, to redirect chilled air around the duct furnaces during the cooling modei This downstream configuration of the duct furnace results in condensation wthin and around the furnace during the + cooling periods, This appears to be causing water damage to ceiling tiles directly under these units. Long term damage to the duct furnaces could also result from condensate-related corrosion. The existing energy management system of HVAC controls appears to be in good condition and appropriately designed for the facility. It is not known, however, whether this system properly stages the two compressor units, Poor stag' i ng may be resulting in short cooling cycles and inadequate dehumidification, The gymnasium HVAC system is separate from the rest of the MLK Center and consis,s of two roof top units. They are 17 ton capacity each and appear to be appropriately sized for this space. These units are currently operating on individual thermostats independent of each other, This configuration results in frequent but brief cycles by both units, which can lead to early compressor burnout and also inadequate dehumidification, b, [Under Floor The cross-ventilation tinder the building is provided by fresh air intake vents ' aloeg the north and east sides of the MLK Center, Intake air is drawn across the crawl space by one electric exhaust fan at the southwest corner of the gymnasium. If remedial measures are taken to eliminate the water saturating the crawl space soils, the existing exhaust fall appears to be adequate to ventilate the crawl space. If an acceptable level of moisture is not removed iron, tite crawl space, additional forced ventilation may be needed, 9. Attie Ventilation The ,SILK Center is heated with gas fired duct furnaces. Many of the existing attic vents have been closed, This action was presumably taken to prevent sprinkler and water lines in the attic from freezing, This creates a potentially dangerous situation clue to the possibility of gas leaks, A consideration should be given to preventing pipes from freezing, while maintaining fresh air venting in the attic, Page 5 ' 1 1 Atlapdaltem___f~~/ ,~`Z 10. Plumbing System No leaking pipes were observed in the crawl space and do not appear to be I contributing to the moisture under the building. iI 11. Gymnasium Wood Floor 9 The concrete floor slab was poured at an elevation of 1 1,12" below the final finished wood floor elevation, The maple floor that was installed appears to be a Robbins "Permacushion Panel System". This flooring installation consists of 25/32" thick wood flooring over two layers of 1/2" plywood laid at 90 degree angles to each other over 3/8" thick rubber pads. The installed flooring allows 3/8" of air space under the flooring, A portion of this original floor ("the southwest key area") was removed, due to buckling, and was replaced. Based upon conversations with Bruce Henington (who was present during this procedure), a vapor barrier was present under the wood flooring system but was not installed correctly. He explained that the seams between sheets of poly film were not sealed. He further stated that the new vapor barrier that was installed aloeg with the new replacement flooring was a thicker poly film with the seams sealed, The replacement flooring represents approximately one fourth of the entire gym floor, Of all gymnasium wood flooring systems available, a system utilizing wood flooring over 2" thick wood sleepers over 3/8" rubber pads would be a preferred installation due to the 2" of air space under the flooring (minimizing any water absorption). Any moisture migrating past the vapor barrier and into this 2" air space has a greater opportunity of venting out before penetrating the underside of the wood floorh ..iembers than a floorr.-e system with less than a half inch air space. However, the suspended floor system should have also minimized water presence. If moisture is Introduced into a wood floor system, either from above in the I gymnasium or below from the concrete slab, the moisture will be absorbed by the wood members, causing them to cup and expand in width and length. A final line of defense against floor buckling caused by this expansion can be provided by allowing a gap between the installed floor and the perimeter building walls around it, To be most effective in withstanding ongoing moisture presence, this floor must be a floating system, one that rests on the substrate without mechanical fasteners such as the current MLK installation). It appears that after moisture was introduced, there was not adequate allowance for wood expansion. Page 6 1 wr+•• Arjiilnda Nn.. CITY OF DENTON MARTIN LUTHER KING, JR. RECREATION CENTER I~ Investigation of Facility: Final Report Soils Analysis The following tests and analysis of subsurface soils at the MLK Recreation Center were provided by Rone Engineers, Inc. as part of this report, Nine exploration borings were drilled to ten (10) foot depths for the purpose of identifying the sub-soil conditions around the building edge, providing samples of soils for laboratory testing and to note and identify any subsurface water conditions during drilling and after drilling via piezometer installations. Rone performed laboratory tests on selected soil samples to determine moisture content, classification and grain size, The tests results were then studied to provide remedial recommendations which are integrated into section 5 of this report, Borings B-1 through B-9 were drilled around the perimeter of the building, near the building edge, at the locations identified on Plate 1. Detailed descriptions of the materials encountered in the borings are provided on Plates 2 through 10. Nomenclature utilized on the boring logs is identified and described on Plates 11 and 12. Subsurface conditions in the borings reflect soils of the Woodbine Formation of Cretaceous Age. Woodbine formation soils are well known for their "variability" in vertical and lateral extent. Dark brown, brown, and tan clayey sands and sands are present at the ground surface and continue to depths of approximately 3 to 5 feet, These soils represent permeable to semipermeable materials with relatively low plasticity indices, high sand content, and moderate to high permeability, Soils below the upper clayey sands predominantly consist of tan and gray to brown sandy clays, clays and shale clays of moderate plasticity, Selective zones of sands and clayey sands continued in Boring B-1 and 13-7 to depths of approximately 7 to 8 feet, 'I7te clays are moderately plastic soils, contain a relatively high clay content, and represent soils with a low to very low permeability. No sand seams were noted in the samples of sandy clays retrieved in the boreholes. The borings were advanced using continuous flight augers to observe groundwater infiltration during drilling, All borings were dry at completion of drilling with the exception of Boring B-1, which encountered seepage at the 3 1/2 foot depth during drilling. Water levels readings obtained in the piezometers after drilling completion resulted in Borings B-3 and B-9 being dry and the remaining borings noting water at depths of approximately 4 to 10 feet, The stratigraphy noted on site is typical of one which might be conducive to perched water, Perched water is excess moisture which is trapped atop a less permeable zone and flows via gravity through the more permeable materials. At this site, r,, high probability exists that perched water would trap atop the on-site sandy clays and flow within the more permeable clayey sands and sands. Actual water table levels and perched water presence will be dependent upon fluctuation and variability of rainfall over time. Page 7 t. r 0 a Agenda itan) Z~')S x`02 ~.3~ Comments rtato _---LIZ /3 :Ot It is therefore not surprising that perched water or water in general would be located within the crawl space and that excess water or moisture accumulates, causing the high humidity conditions. The near surface sandy materials are conducive to perched water and are considerably more permeable than the underlying clays, Therefore, water trapped within these more sandy materials have the capability of allowing water to flow :oward the crawl space, Although crawl space soils generally have low areas toward sump locations, numerous areas of relatively poor drainage were noted, With the lack of grading to any drains, standing water and moisture buildup is inevitable. ° The following plates are attached. • Plate I - Plan of Borings Plate 2 through 10 - Logs of Borings Plate 11 - Unified Soil Classification System • Plate 12 - Key to Symbols and Terms i r I \ J Page 8~ a t ' l I f I II(II NORM 4 15 0 50 °5 U-1 U-5 U-2 Scar: I' SU' I I ~EI-1 Propedr the~ tl_5l~ l'f WMIM 1U111ER Bolt RECBfAIWII C0111R "40,04 1 I G II f tls ~ I If I R° tl B 8-9 N NfW(W SIP?Ifr IECFND: ° W FiGIGG~NYti Crolochnlcal Inratllgollon T Plan of Aorfn9 p PLATE • Uenmee etil GOdnq Ic<aBOn. aen5/ol CENTER _ f r RECREATION RONE ENOlNf.EAS, IN.. WRTIN WTHEI, Donio KIND n, Texae rmpa no. 7-621 --ol I ~v t y 4 r. 411 K I, Di -Donefnglneer Project No. Boring No. Project Distressed Floor Investigntlon wmmffv~ M23.01~~W S-1 Martin Luther King, Jr, Recreation Center, 1300 Mison Street, Denton Location _ water Observations See Plan of Uarings• Seepage encountered at M feet during drillln~~ s; water z~„~~ completion completion level at 8.1 feet on 8/13/92, Oepth I0V Date 8.5.92 Surface Elevation Type - N Who Intermitt. Sampling a a ~Z iyJy N• d y y Z N 3 LL Vy p n ' N Yn \ \ \ •4 v n 3• CO, E m LL 0 U U L 11 L 34 tM1 \ N StlBtUlT7 Description H atzu a s 4 N u-4 u x . c t C 3 M~ ill N •a 1 u ar U 3 •r -niW, 4 A ig H,e 4 1 0 CA t 6 Gb L _ a 0Q. n.0 JJ 4J Q.H 2U 3J :U6 4t ;O; Y SAND, Grown and tan 1.o 16 - 1 I / 115 16 4 (POSSII11.Lr lqu)(SC) SAND, tan and light gLiy, lloose _,.ee,' 3.0 21 (POSSIf3L1? IZLL)(SP) SANDY CLAY, tan and gray (Cl1) 4S+ - IS 1 LOG OF BORING NO. Y B_1 PLATE 2 ~ r I Protect No, aoriny No, PrdJeci Distressed Floor Investigation Royineer 2.623.01 B-2 Martin Luther King, Jr. Recreation Center, 130015'llson,Strecl, Denton Location Water Observations - See Plan or Borings. D: y at completion or drilling operations; water level at 8,7 reel on . Completion CovLet[on ti/13/92, /rgendaND Depth 10,0' Date 7.3192 Surface Elevation Type m darn • N p to LL lnlermltL Satnpling TIC at . .j a z 41 X x UX u ~4 L CM t 6 Y +r0 Q o N N Stratum Description s i a y qV 4+N it x V 6 a~ C t. v 3 0 7•.I 10-4 A MN v . ac Oco 1AM tra ,6 4V .a C: M UE7 -td M..1 .4.4 -1-.1 -1r. 00 e00 _ a f00.F- all JJ aJ MH LU 7U M. SAND/Ci.~Y SA,Vb, Ifght broom, oou to firm, IA 13 with a Irace or clay and pea gravel - a (POSSIDLf? T ILL)(Si'.SQ 1.0 54 42 8 34 19 - CIAY, dark gray, stiff a{ 3 l--_~ 18 I I (Cl1) _ I 5IfAI I,' CUB Y, light gray and inn, stiff, with - - intemlittent sand scams (Ctl) 29J IC 10 i I a I i 1100 olr noxlNc NO, B-2 - _ - ~ ~ ; 44 P~ t L I Lt t Project No. Baring No, - AroJect RoneEnglneer Distressed Floor Investigation ttttrtrrry 2 623 01 B-3 _ Martin Luther King, Jr. Recreation Center, 1300 Wilson Street, Denton ' Loeatlen Deter Observations - See Plnn or Borings, Dry at completion of drilling operations; Dvy u/L~Jqq2, ~ e conptetlon covietion ~f<f~dNll. 2U Depth 10,0' Date 7.31.92 A~JeI1t~A~lBRI-sL 'k _ L Surface Elevation Typa' Lnterntftt, Sampfing o a 310 _ _ 6 tL -t Y V L C tl T \V71uL "OLD" 1 or fl 'i N a! tl z\ \ \.4 d w v -4 I N N F. \ a C n'a w / w •.1 A U 1• M Stratum Description ~ Xd R m 'o4V 'vim N x 3 ~ \ t L y0w o n •a m a 0 a V V a 11 w ~ O CN 9 a ~a -Oi •a :j C tl C L a 8 a mn1'. Q.0 JJ RJ IL H Z 7J4 'U SANI), tan, loose, with vegetation at surface 3.0 IS (POSSIBLL! fILL.)(SP) - - - ,a _ I CLAYHY SAND, dark brawn loose 1.0 16 (POSSMLr PILL)(SC) CLAY, light gray, firm, %!ih a iraco of sand 5 `ly 13 22 •grades to veg0trinconsistcncywilhIron 3.5 - 16 stains at 9 feet 11? _____(CII).'' A i LOG OF BORING NO. B-3--- - - PLATE 4 ji 1 Project two. florin No. Project ---RoneEn9lneer 9 Distressed Floor Investlgatlon - ~y 2613-0 1 13-4 _ Martin Luther King, Jr, Recreation CeTlter, 130D Wilson Street, Denton Location Water Observations See Plan of Horings. Dry at compielion of drilling operallons; water level ~UB feet ony - Completion completion 8/13/92, DI U. Depth 10,0' Date 7.31.91 njnndaItem- - - - - - - - - Surface Elevation Type m ai t InlermitL-Sampling o n v I)d0 .~y. _.La►. LL a 41 1 114 t I Dt.M 01 U a r~ IN V E c, U .•1 • .14 1 C O Y a D. Stratum Description 0 0U " •1u VV Nx "u Cto d H 3 a 'j -4 a••1 ~t m au u tl ac O Y a i N a n tr8 W F U •r t: -4 a U E 7 .i .1 d 10-4 a-a -4-,4 H C D tl L A L c 77 0. m0.f• a0 JJ aJ 1LH LU 7J 71.1 LL CI~1YE1' SAN[), dark gray, loose 0.75 44 27 IS 12 11 w I 0,15 - 14 (POSSIBLEhIi.L)(SC) - - CI-AY, light gray, firm, with a trace of gravel and - card seams 44 5- 1.5 G9 51 12 29 19 i gra des to very stiff In coosistancy a19 feet jS 17 (Cll} ' 1 i a i LOG OFUORING No. B-•4 '-----Y------- - PLATE 5 Y t 1 d , ii ~i r Project No.. Boring No. Project v --RoneEngineer Distressed Floor Investigation eta 2.6234) _ B-5- _Martin Luther King, Jr. Recreallon Center, 1300 Wilson Street, Denton Location Water °bservati ons See Plan of Borings, Dry at completion of drilling operations; water level at 9,2 feet on , Ca pletion Completion 8/13/92, rvjonrla No. Depth 10,0' Date 7.31.92 surface Elevation Type m 14UC'. Intermitt. Santpling o to Dal ii ,,2Jy LL M oU a m~1 cC M U°i H E E \ a C 17 -H ~ +J C) 4 C~ , to Stratum Description H gg 11 a LL •i m ,au ,,,i N x p c I v t O to Nk 0'B qfi SV .4 .1M 8E a 0r ti•a •1 0.''r O C o o~ ati aN J J a J aH L(J 7J 7Ua CIAYLY SAND, brown, with clayseams - 13 21 a.o - - Ia (I'OSSII U3 PILL)(SC) I - 5 CIAY, Ian and gray, Min intermittent sand scams 1.25 22 t - - 1 (CH) 2,75 18 10------------------.. i ' 1 t i i LOG OF BORING NO. B--5 r aar ~t J Non~eEnyfneer Project No. Goring No, Protect Distressed Floor Investigation 2.623-01 B-6 Martin Luther KJng, Jr. Recreation Center,13001VIlson Street, Denton Location Water Observations ~ -re See Plan of Borings, Dry at completion of drilling operations; water level at 33 feet2 r completion completion 8/13/92, A(logtlA ~0, depth 10,0' Date 8,5,92 - - Surface Elevation Type Ut.i Intermlif. Sampling Lx,I LL LL ..44.4J C 71 LL Tl 0 o' N o aw 10 S w 41 C O rn Stratum Description Y LL u uu as % u c uy 4J V O C Vr E-4 0 -4 £ q '[La -H 0C q U fi ]L 4 ma. I- Rfa JJ 4J O.N 08 Ca Loa CIAYLY SAND, dark brown 0.0 12 f-JL1,)(5C) -CLAY, dark brown, with Inlemiiilaot sand scams - - 3.75 17 4 -5 J3j5_ 10 (f1 t) - 14 10 LOCI OF BORING NO. B-6 --PLATE -7 r. FYI (i { 1 Project No. Boring NO. Project i Disiressed Floor Investlgaflon - R111 r 2-623-01 13-7 Martin Lanier IQng, Jr, Recrentlon Center, 1300 IVIlson Street, Denton Location Uater Observations See Plan of Borings, _ Dry at completion of drilling operations; water level at 8,1 feet on completion completion 8/13/92. Depth 10.0' - Date 8.5.92 NAIda No. - - Surface Elevation Type m 40 tntermitt_Satnpling _ o a N U,7 1_ l" ~f u u ° D 11 L C 0 c _ C -3 Y z „ p E s 4W U \ k r, a M y rl~/ N Seratum Description o ay~ + ~ ° C c at3 w Y P N NoLL wJ 7K N a a4xr 1 nnc _ ~ti~ 0Q •4.E ~•4 -ag aC cn ~eu a maH aN -j -j a'i aH sc~ ~j Z) r CIAYEY SAND, dark brown - 14 1-5 l5 - (POSSIBLE IILI,)(SC) - J I CIAYEY SAND, light gray - -5 2.75 19 (POSSIBLE MI,l,)(sq _ CIAY, On anJ gray, with intemtiltent laud scams - - (Ell) 4S+ - 15 10, 1 • i _ r LOG OF BORING NO. B-7 - - - - - - - - - P IATE - ti r. - 't _ ~ --RoneEngineer Protect so, Boring No, Protect Distressed Floor Investigation 2-623-01 B--B Martin Luther King, Jr. Recreation Center, 1300 4i11son Street, Denton Location _ Water observations see Plan or Borings. Dry at completion of drilling operations; water level at 9 feet on U ~ - Corpletlon Completion 8/13/92, Aglitlfla 0. " Depth 10,U' Date 7.31.92 A II 1 Surfaco Elevation Type m i10._.l~ a Interm[tl, Sump'ing o cl rv N u r L -4 --4 Z D CL t E E . or \m C U A a 3 C L .4 0 0 rn Stratum Description 0 0a ti -.4 ~ tau +0 x u r ~ lD t v V1 Y 0CVI 0W QE qE 4U -4p pCa .4p CEoO I C: a ma 1- aln .-I --I 0 J aH FU 7J SU11 CIAYPYSAND,brown•grayandorange, loose IA- 33 28 14 14 15 - i • grades to firm in consistency at 2 feet 1S 18 - (POSSIBLE 111.L)(SQ' - - % S CLAY, dark gray, stiff - l5 19 CLAY, lighl gray and tan, moulcd, hard, with - intenninenl sand scams and Iron stains (C11) js F 14 A i LOG Or BORING No. B~ 8 - - - PLATE 9- r tl +4 r li Project No. Boring No.~ Project Distressed Floor Investigation one n Inter 2.623-01 B-9 _ Martin Luther King, Jr, Recreation Center, 1300 Wilson Street, Denton Location water observations See Plan of Borings, Dry at completion of drilling operations; dry on 8/13/92, Cwptet Ion 7Cornplet Ion Apend8No Depth 100' oats 7.3192 _ 71 Surface Elevation Type m N Intermitt, Snrnpling L N D to _ tL ~ LL M L C D 3 \ 3 U. a 0 ° Y Y , •a Z ar a •a yIT 0 . y -a ar ar V \ \ \ •4 Y ~ 3 • C \ Y U. It u U 0 Lai L .4 E E \ 0 C w a w •.1 7 ❑ U 4- h CL Stratum Description 0 M ti Y ,y V aJ N 4J x 4) ii \ C L v y n 0 a•a M•a w 0, a+ C. G U Y aCto I 0 Y Ir £ Y E 4 -0 .aC .-10 3 .a Y 4 a a.1 . ..1 .a C 03 C~ 0 4 mRH C.N JJ aJ a.H L ~ J B, CLAYRY SAND, brown, loon 0.75 SA o 0175 52 21 IA 7 is (POSS1131'n lr u')(SC) 5- CLAY, light gray, siiff, with inlennltlenl sanJ 2,0 65 47 11 36 18 seams (CI 1) - - - CIAY, light Ian and gray, mottled, hard, with imerminent sand scams and lion stains (Cif) 45+ 15 i n i , C LOG of BORING NO. B-9 PI-ATE 10 r, i on4En~ln 6rp. 01 (a 0. Major divisions Sym. Typical names Laboratory rfossificatlons crileusWellgaded gravels, gravel. sand n. W 30 C ✓ b G5V 0 N . vealw Than Cptp, bei. n I and J rnixlures, Iiftle or no lines. s ° v g °lo °lo'Deo~Q v o 4 GP Poorly ryadOd gravels. graver v en q. u sand miatwes, lisle or no roes. a ~ 3 NW meeting all giadualion requnemenis for OW th s Silly gravels, gravel Sand sill Mix- - GM a oloid and Ptastic P limits Ives b . m 6 below "A" line, g u or P.I. less g ro a,; a Ihan 4. Liquid and Praslic Gmds 5 c: v ploniny (JOlween 4 and 7 - 3 3 ' ~ ara Loyderbhe cases re- F, ii quiring use of dual r. . L') o CC C+ayey gravels, gravelsand symbos b clay 3 6 : Imud and Plastic limits c u* ¢ next, 0 z above "A" lino'Alit) P.1. " r. groaler than 7. 4 Fn of0 X U SW Well graded sands, gmvelly sands, vaaiei roan 6 C . to - petween t and J `o Mlle or ro fines. & C v c 010 m fi V E Poorly graded sands; gravelly m Not me n SP of 19 n4 graduation roquuemanis for ,iyV a sands. [.1 lie or no lines. u _ o a SM _ Silly sands, s]erbsill rnixlWOS- Liquid and Plastic limits S E bi "A" Vin or PI. less Liquid and Plastic Nm1S Ihan 4, ploning in hatched Lek v~ ` xalh P I. betwoen 4 and 7 E ;1 u are bordcyrng cases, rg dl 8 9 liquid and Plastic hmlls quiring use of dual ft SC Clayey sardSL Sand claymtxtmes ' in above "A" lion with PI. symbols, greater Ihan 7, IWilla no &119 and Vol line sands. _ ML rock flour, Oy or clayey line sands, or Clayey silts 0.01 slight platticdy 60 Inorganic days of low to medium v CL plasliGly, gravMry days, sandy 50 0 sands, sfly clays, loan clays - ' o CI( nil OL Organic -4115 and organic slry days or tow plasticity tnoBJani-CS, {9, rn icaceous Ur d,at0 '$e :p CH and Mir N hill maceous line sandy or Oy SON 20 Y~ b 04aslie silts, L U CH clay gxic days of lugs p'aslwry, fnl t Gi. ML Cidy9, 4 ML End OL , to v 00 ttl 2D 00 40 50 GO 70 no 90 100 a V CH Organic clays el medium to high tPas6cdy, onganic SUS. Liquidl.4n4 M final and otnor highly organic soils Plasholy Chart z UNIFIED SOIL CLASSIFICATION SYSTEM PLATE ill \'~I c S< l f: e SOIL OR ROCK TYPES SAMPLE TYPES st GRAVEL LEAN CLAY LIMESTONE SAND SANDY SHALE, SILT SILTY _ SANDSTONE HIGHLY PLASTIC - - - U7 CLAY CLAYEY CONGLOMERATE Shelby Auger Spoon cone No Goon cc?$ Can Pen nrowery TERMS DESCRIBING CONSISTENCY, CONDITION AND STRUCTURE OF SOIL Fine Grained SOILS (More than 50% Passing No. 200 Slill ill Ne' DESCRIPTIVE ITEM PENETROMETER READING, (teT1 Ageol IfAnL_-_l~lS ~ Soft 00010 1.00 Firm 1.00 to 1.50 Stiff 1,50103.00 Very Stiff 3.0010 4.50 Hard 4,50+ Coarse Grained SOiIS (More than 50% Retained on No, 200 Steve) r PENETRATION RESISTE'ICE DESCRIPTIVE ITEM RELATIVE DENSITY blows/toot 1 Olo 4 Very Loose 0!020% 4 to 10 Loose 20 to 40% 101030 Medium Dense 401010% 3010 50 Dense 7010 90°% OVER 50 Very Dense 90 to 1000,10 Soil Structure CALCAREOUS Contains appre0lnb'0 deposits 01 calcium carbonate; generally nodular SLICKENSIDED Having inclined pia, s of wear ler,. Waists slick and Mossy In appearance LAMINATED Composod of thin 14yers of varying color or lemure FISSURED Containing cracks, sometimes filled with line sand or sill INTEPBEODED Composed of alternate layers of different soil types, usualfy In approximately equal proportions TERMS DESCRIBING PHYSICAL PROPEHTILS OF ROCK Hardness and Degree of Cementation v VERY SOFT OR PLASTIC Can be remolded In hamd; corresponds in consistency up to very 9111f In soils SOFT Can be sornrched with lingernail MODERATIILl HARD Can be scratched easily with knife; cannel be scratched with fingernail 'iARD Oftricull to scratch wilh knife VERY HARD Cannot Us scratched with knife POORLYCL•MENTEDOR FRIABLE Easily crumbled CEMENTED Bound together by chemically precipitated rnatoriaL Quartz, calcite, dolomite, slderito, and Iron oxide are common cornonting mah lale. Degree of Weathering \ UNWEATFIERED Ruck In its natural $Into before bell exposed 10 atmospheric agents SLIGHTLY WEATHERED Noled predominanpy by color change with no disintegrated zones i' WEATHERED Complete color change with zones of slightly decomposed rock < . EXTHEMELY WEATHERED Complete color change with consistency, texture and general appearance approaching soil KEY TO CLASSIFICATION AND SYATHOLS N ATE 12 r, Marlda No. ngondaItem. _ Gvs`.. ~ 4, a3tu .~ll~~~.2!_. CITY OF DENTON ,MARTIN LUTHER KING, JR. RECREATION CENTER l/ Investigation of Facility; Final Report Analysis of Previous Remedial Actions Since the MLK Recreation Center was completed in 1988, several positive actions have been taken to improve the original condition. These include; R Installation of additional soil against the building perimeter to provide positive drainage away from the building. Reorienting the tree sprinklers around the building perimeter from the building instead of toward the building, to spray out away The addition of downspout extenders from the rain gutters and splash blocks to direct rain water away from the building. The installation of crawl space air intake vents along the north and east sides of the bull(Ing. The installation of an electric exhaust fan to draw air through the crawl space. The above actions have improved the original situation and we recommend ensuring these items remain in place and fully operable, The quantity of water present under the building requires further action than these remedial repairs can provide. Our recommendations are included in the next section of this report, II C I` Page 9 < , e AoandaNo._. nllendalteni_ X115 2!.2 CITY OF DENTON X 36 MARTIN LUTHER KING, JR. RECREATION CENTER v Investigation of Facility, Final Report i Recommendations ~ 4 The preceding observations listed in this report can be grouped into three distinct classifications: A. Surface and subsurface water under the building All' , B, Excessive humidity inside the facility C. Cracks in the exterior brick masonry The order in which they are grouped above is from the highest priority item to the lowest, in our opinion. Our recommended repairs for these problem areas follow. Within each of the three problem areas, the suggested repairs are also prioritized and phased, beginning with the most effective and crucial repairs, A, Surface and Subsurface Water p Positive means of removal of excess moisture and water below the crawl space of I the building is imperative, as this will remove the source of moisture that is percolating through the concrete slab and primarily causing the gymnasium wood floor buckling. T'he following is a range of options for remedial measures the City of Denton can take to reduce the moisture under the building, It may be possible that selected options may be attempted without incurring the total cost of all options at one time; however, all remedial actions need to be implemented to provide the highest level of moisture removal and greatest assurance of continued wood floor stability. 1. Excavate and re-grade soil under the interior floor beams to provide increased air circulation under and adjacent to the beams (thus eliminating pockets of trapped air in between sections of these interior floor beams), 2. Rebuild the existing sump pumps. • Remove silt from each sump, • Verify that depth of each sump location is adequate to drain all ground water in its designated area, • install filter fabric around each corrugated metal sump enclosure to prevent future clogging and silting, Size new or existing pump to provide no more than five starts per hour in the automatic mode to prevent premature pump burnout. Install I-IOA (Hand, Off, Automatic) duplex switches On simplex pumps. Install high water local alarm on each pump In case of failure, Bring all pump wiring up to electrical code compliance using conrtuit ill all areas under slab, Page 10 Aii0ttdB lktlc a%36 • Re-grade soil under slab to provide positive drainage toward the three sump locations and to eliminate local ponding. Sonic soil removal may be necessary. Add one more sump pump in the crawl space under gymnasium of same type described above, w It is imperative that the sump pumps be periodically cleaned out and inspected for operational efficiency. Failure to initiate proper maintenance procedures will result in failure of the water removal and therefore the return of excessive ' moisture and resulting humidity. 3. Install a French drain system around the building perimeter immediately adjacent to the building edge. Provide the invert elevation of the drain pipe at a minirmun depth to assure that the drain pipe invert is below the void space below the exterior grade beams. Plate 13 may be used as a guideline regarding the recommended cross section of materials within the drain, Following installation of the French drain, the surface profile of soil grading away from the building should be restored to provide a minimum of one half inch per foot slope for positive drainage, It is imperative that the French drain construction properly re-establish any void spat<s below the perimeter grade beam. At present, this void space is provided via wood slats and siding immediately on the outside of the grade beam edge, The perimeter drain system should incorporate the utilization of periodic cleanouts to perform maintenance checks and to prevent the clogging of the subsurface pipe. The outlet to this drain will require a sump location along the outside edge of the building, This sump should be designed In a similar manner t to the crawl space sumps, with a small simplex pump controlled by an HOA duplex switch and local high water alarm: It is imperative that the sump be periodically cleaned out and inspected for operational efficiency, Failure to perform proper maintenance procedures on the French drain pump will result in the failure of water removal and therefore the return of excessive moisture and resulting humidity. 4. Following the implementation of the above three measures and after partial drying of the crawl space subsoils has occurred, we recommend placing a poly- membrane atop the crawl space soils to inhibit condensation from flowing upward through those soils and into the crawl space. If crying of crawl space soils does riot occur with steps f - 3, implement step 5 before applying the poly-membrane, 5. Evaluate the current level of crawl space ventilation. Additional passive air inlets may be required, as well as additional exhaust fail capacity, Following remedial steps 1 through 4, if partial subsoils drying is occurring, no further ventilation may be necessary. It may be possible to retrofit the existing exhaust fan with an HOA duplex switch for automatic control, Utility costs could be saved by installing humidistats that will switch the fan on only when the humidity in the crawl space exceeds that of the outside air. 6. Spray one and a half inches of foam insulation onto the bottom side of the structural concrete floor slab, This measure should keep the moisture fro,:t condensing on the bottom side of the concrete. ` Page II 4`' mom uy ~1 1 , //JJ a l Aoooda AgoodaIlem__l t~tto _l1-~ 10 B. As identified earlier in this report, the HVAC system, as it exists, has a greater condensing unit capacity than evaporator coil capacity, resulting in short duration cycles of the building's cooling system. When air is cooled moisture is removed, Cooling cycles of short duration will not remove adequate moisture from the inside ` air, Although the remedial measures implemented in Part A should reduce the building's interior humidity, the HVAC system mismatch should be considered a separate problem; on humid days, it will still be necessary for the building's cooling system to dehumidify the space. We and our mechanical consultant, S. Toub & Associates, offer the following alternative recommendations regarding the 4 mechanical systems at the MLK Center; 1.1 Alternative 1 Utilize the existing equipment as is and provide a by-pass duct around the evaporator coils. The air passing across the evaporator coil could then be cooled lower than 55 degrees to wring out maximum moisture, and then i reheated by mixing with 75 degree return air, This would dry out the air by allowing longer periods of air movement. A minor modification to the control system would also be required. This procedure is referred to as space and by- pass. 1,2, Alternative 2 If alternative 1 is determined to be not adequately successful, then replace all of the outdoor condensing units and, where necessary, replace indoor fan coil units. This will bring the condenser/evaporator unit pairings into appropriately matched capacities, It may be possible to reuse some of the smaller existing condensing units on some of the larger zone loads, This will also produce longer periods of cooling resulting in greater moisture removal. Part of this re,,,orking of the condenser/evaporator pairing will include installing bypass ducting and controls in the fan coil/duct furnace configurations, This work will elindnate the condensate problems noted below the existing duct furnaces. Any further corrosion of the duct furnace units will be greatly reduced by rerouting the cold, saturated air from the fan coils around these furnaces. 2. Balance the entire HVAC system after the equipment replacement installations are completed, 3. Fine tune the HVAC controls, making sure that the two-compressor units are staged properly, This is another measure that will minimize the number of compressor starts and maximize cycle on times, thus increasing the dehumidification process. c Page 12 z ' 4ondaNo • [kilo ~~f - Z There should he an enthai y was on the existing economizer cycle o tie gymnasium roof top units rit was not possible to determine if one exists by observation). If not, one should be installed to gain full advantage of the economizers. Additionally, the gym's RTUs should be rewired to be controlled together. This will stage the units in a lead/lag configuration rather than having both units starting and stopping at the same time. The result will be longer compressor mo or life and longer dehumidification cycles. 4. Open the existing attic vents. This will alleviate a potentially dangerous condition with regard to the gas fired attic furnaces. This measure can be performed by City, of Denton maintenance staff. A consideration should be given to prevent freezing of water and sprinkler pipes within the attic space. A a variety of options exists, ranging from insulation and thermal tape to thermostatically operated vent controllers. Our recommendation is to wrap all hot and cold water supply pipes and all sprinkler pipes in the attic space with electric thermal tape. This will require removal of existing insulation on all but the sprinkler pipes, wrapping all pipes and re-insulating the hot and cold supply pipes. Although this alternative minimizes the amount of new maintenance (compared with mechanical vent and duct dampers in place of the heat tape) required by the City maintenance staff, it will be imperative that the heat tape be checked periodically for operational efficiency and be repaired or replaced as needed. It will not be necessary to operate these pipe heaters during warm weather. The above measures will not provid-. any protection for pipes freezing within the MLK's exterior walls. There are three locations th..t may still present future problem areas: Rooms 113, 119 and 127 have fresh water supply lines between the exterior brick veneer and interior gypsum boara, It will require active prevention measures by City of Denton staff, by either draining; these i lines or allowing them to slowly trickle during freezing weather, to prevent pipe breakage in these three rooms. C. As noted earlier in this report, we believe the observed cracks in the exterior brick masonry to be due primarily to thermal expansion and contraction. We observed j the building foundation to be in good condition with voids intact to prevent uplift of the structure by expansive soils. The cracks in the brick appear to be cosmetic only and not related to any building structural movement or failure. i Existing control joints in the brick are filled with mortar. We recommend the mortar in these joints be removed and replaced by an expansive sealant. We additionally recommend 'new control joints be cut into one of the exterior walls at every corner where two walls meet. This control joint should be located no further than ten feet from the corner. If a vertical crack has already occurred at that corner, the new joint can be cut over that crack. 'these new joints should be filled with backer rod and sealant. I Page 13 f 4 O f r I t r AU A Agenda ltenl-_/v`S#O c3/ a36 Structure r o ° o QO 4 Slope to Droi"'J, OO Foundatlon a OO COMPACTED CLAY Q See Note 1 a D ~Q'~Q9~) 00 Q o°~ ~ FILTER FABRIC Crawl <~°O [See Noto 2 space ace o~ o Retainer 0C) 0 Board ` _ ~oROCK_FLI~ C See Note 3 o 00 \ fj /C DRAIN See Note 4 Noturol Soil > NOTES: 1. Compacted clay shall consist of $ell free of deleterious or organic materials with a liquid limit of 40 or obave and a plasticity index of 20 or above, No rock fragments larger than 3 inches on any side will be allowed. The percent rock shell be limited to 101. Clay shall be placed in maximum 6-fncl, lifts, moistened (on required) to at least optimum moisture content uniformly, and compacted to at least 927, of the Standard Proctor density (AS1M D-698). Compaction may be accomplished using a Whacker-type tamper or simflfar device, 2. Filter Fabric Nlcolon 40/3DA, Polyfilter 08, Wati 750XL, or approved equivalent with percent open area between 10 and 30. 3. Rock III: ASTM C-33, Size No. 57. 1. PVC Drain Pipe: 8' diameter, Schedule 40 or 80 with perforations in bottom 1/3 of pipe. 71C A31 sloping and shoring shall meet current OSHA regulations for trench safety. RoneEnglneers Project Geotechnloal Investlgation French Drain Detail lk/or/rut warn~rc~aa~ta~s» Location Marfln Luther King, Jr. Recreation Center Denton, Texas ` File Ra Drown By Checked By Dwg, Date Scale: Pro)ecl No. FLATE 13 ` 2623-p8 ADK C~1J 08/18/92 ONA 2-623 01 c b it CITY OF DENTON MAR'L'IN LUTHER ICING, JR. RECREATION CENTER Investigation of Facility, Final Report Cost Estimates for Repair Recommendations The recommendations for repair presented in the preceding section are broken down for pricing in this section, item by item. We have also separated the gymnasium repairs from the total job, in the event that the City of Denton wishes to pursue only those repairs or wishes to start with that area only. These recommendations are listed in order of priority; we suggest these remedies be made one-at-a-time until an acceptable level of repair is achieved, In this way, it is possible that the City need not commit for the entire scope of costs presented here. ` A. Humidity and Moisture Reduction a.gl 1. Excavate and re-grade below floor beams lx"in arm Oril Entire Facttt a. Gymnasium only: 192 linear feet of floor beams at $5,55/linear ft. b. Entire Facility: $ 1,000 730 linear feet of floor beams at $5.40/linear ft, = ceoo $ 4,000 2. Rebuild existing sump pumps a. Gymnasium only: existing pump at $3,500.00 = b. Gymnasium: new pump at $4,000.00 = + $ 3,500 c, Entire Facility: 3 pumps at $3,500.00 + $ 4,000 plus 1 at $4,000.00 + $ 14,500 Subtotal $ 80500 $ 18,500 ~n m O LA , ~s I 4 Y. 3. Install Perimeter French Drain a. Gymnasium only; gymnasium O_n! 270 linear feet of drain at $50.00/11n. ft, _ nlirc k'aeilJly Install 2 new lift station locations at + $ 13,500 $3,500,00 ca. = b. Entire Facility; + $ 7,000 871 linear feet of drain at $50.00/lin.ft. _ 5 new lift station locations at $3,500.00 ea. + $ 43$00 + $ 17,500 Subtotal $ ' 4. Install poly-membrane in crawl space 2904 $ 79,500 a. Gymnasium only; 6,624 sqq.ft. at $.25/sr ft. b, Entire Facility; 18,736 sq.ft. at $.20/sq.it, = + $ 1,7()0 + $ 3,800 Subtotal $ 30,704 5. Spray foam insulation onto bottom side of concrete $ 83,304 floor slab. b 6 a. Gymnasium only: 6,624 s(.£t. at $.9515q.ft. = b. Entire Facility; 18,736 sq. t. at $,83/sq.ft. _ + $6,300 + $15,500 Part A Total $ 37,000 $98,800 t " B. HVAC System Alterations 1.l Install evaporator coil by-pass duct and duct furnace by-pass at all evaporator coils. Replace same fan coil units; reuse where possible. U_ $ 25,000 V a; 1.2 Replace 8 outdoor condensing units, replace sonic indoor fan MCI coil units. Reuse where possible, Install duct furnace bypass at all fan coils. a. Gymnasium only; No work required G~ b. Entire Facility; $ 80,000 Subtotal 6 G1 $25,000 to $165,40 I C c 2. Air Balance entire IIVAC System Gymnas! il-m-Onl Entire Iacili( a. Gymnasium only; b. Entire Included in step 3, below Facility; $ 30,000 Subtotal -0- $55,000 to $135,000 3. Fine Tune and Alter HVAC Controls a, Gymnasium only; Install enthalpy controller, Rewire RTUs to stage in lead/lag configuration $ 10,000 b. Entire Facility; Stage all two-compressor units plus gymnasium work in step 3a, above $ 20,000 Subtotal $ 10,000 $75,000 to $155,000 4. Open Attic Vents and Wrap all Attic Water and Sprinkler Supply Pipes with Electric Heat Tape. Re-Insulate Hot and Cold Water Pipes a. Gymnasium only N/A b. Entire Facility ° 950 lin, feet of hot and cold water pipes @ $5.00/lin. ft. _ $ 4,750 1,800 hn, feet of sprinkler pipes @ $2.00/lin, ft. _ + $ 3,600 3 - 20 amp electrical circuits a $300 each = + $ 900 I Subtotal -0- $ 9,250 Part B Total $ 10000 $84,2S0 to $164,250 gip' 61 n ~w ,v k 4 x " C. Replace Approximately Half of Existing Gymnasium Wood Moor ( ymn slum 4 I;n Facility 1. Gymnasium Only a. Remove half of existing maple flooring over two layers of 1/2" plywood on rubber pads; replace with same j 3,400 sf $12,95/sf = $ 44,030 b, Refinish entire floor (sand and seal) 6,800 sf g $2,55/sf = 4. $ 17,340 2. Entire Facility $61,370 r Part C Total $ 61,370 $61,370 " D. Control Joints in Exterior Masonry 1. Gymnasium Only t a. Remove mortar and replace with sealant in 12 control joints at 30 feet ea. = 360 lin. ft. at $6.65/foot = $ 2,400 b. Cart 4 new joints and fill with sealant at 30 feet ea. = 120 lin, ft. w at $8,00/lin. ft. _ + $ 1,000 oc C0 2. Entire Facility a. Remove mortar and replace with sealant in 480 feet of control joint at $6.65 lin ft. = $ 3,200 b, Cut 1,920 feet of new control joint and fill with sealant at $8.00/lin. ft. $ 15,400 Part D Total $ 3,400 $ 18,600 fP ~ tN s t 5 UA i a a p i f l~ , CITY OF DENCON MARTIN LUTHER KING, JR. RECREATION CENTER Investigation of Facility: Final Report A Cost Summary Gymnasium Only Entlre Fac111ty Part A: Humidity and Moisture Reduction Part A Total $ 370000*** $ 98,800*** Part B: HVAC System Alterations Part B Total $ 10,000*** $84,250 to $164,250*** Part C: Replace Approximately lialf of Existing Gymnasium Wood Floor Part C Total $ 61,370*** $ 61,370*** ,b Part D: Control Joints in Exterior Masonry Part D 't'otal + $ 3,400*** + $ 18,600*** ~ I 00 Total $111,770*** $263,020 to $343,020*** The above listed totals as extended include materials, labor, general contractor mark-up and contingency amounts, i"iese percentages vary slightly according to the scope of work. ` The above HVAC L.►sts represent worst-case conditions in which all units are replaced. In reality, some existing units L will be able to be reused, and actual costs will fall below those projected. p In response to the City's request, Corgan Associates offers to design the recommended remedial repairs to the MLK Center. We would propose a fee based on a percentage of the construction cost. Depending upon the extent of repairs desired by the City of Denton, Corgan Associates Architects proposes it range of between 8% and 1001o of th t construction cost. The lower percentage is based on doing snore repair work and the higher percentage is based on N doing only a minor portion of the recommendations listed, (4N AY t 1 i k 'CITY COUNCIL 1 i °ooo0OaJO_ OOOOQOy 0 P D FO~D~O._... g ` 2 C0 p _dOa~y ~ GC p0o o H ~ } rOJ`O ~~~aQCnncab°~°° a ry. T 1 } 1 r PgoadaNo. ~~~)_w Ap9Rd81~///Rr.lr_v~..•._- 1ti1n_,. DATE: 11/03/92 CXTY-COUNCIL REPONT_FORNAF l/ TO: Mayor and Members of the City Courrcil FROM: Lloyd V. Harrell, City Manager c SUBJECT: Staff recommendations for Philadelphia American Life Insurance Company's rate renewal and health insurance plan design changes for January 1, 1993 effective date ~ECOHM~DAT IQtjt It is staff's recommendation that the City Council approve the 1993 health insurance renewal rate increase of 16% negotiated with Philadelphia America?) Life Insurance Company (PALICO), along with plan design changes that would help the City reduce costs for 1993, and minimize future medical claims costs. AU WARY: The City Council authorized an agreement with PALICO on November 5, 1991 to provide a fully-insured health insurance coverage for City of Denton employees and dependents. The immediate objective of the PALICO program was to address some significant service concerns that employees and dependents expressed concerning the Sanus/New York Life health insurance program. Under the PALICO program, we were able to develop a network relationship with the two Denton hospitals, and other local medical providers. This business relationship has resulted in improved access to medical services for City employees, and a better opportunity for the City and local medical providers to form an alliance in dealing with health care issues affecting the City of Denton and its employees, I Having successfully improved access to local medical providers, and developed a health insurance plan that is more affordable than the former health insurance plan with Sanus/New York Life, we are proposing some plan design changes for 1993 that would help the city to strategically contain future medical claims costs and resultant rate increases. This plan design initiative would encourage ?active partnership between the City, employees and medical providers in monitoring and preventing utilization patterns that could adversely affect our claims experience and cause future premium costs to skyrocket. As part of our future cost-containment goals, we will begin to prepare City employees for a paradigm shift in our thinking about "wellness", and the adverse impact of risky health habits on our work-force. We will be exploring with the City Council, as part of our, health insurance proposal for 1994, the possibility of providing incentives to employees for not engaging in risky health habits, while encouraging those who practice unhealthy habits to reverse such habits. c 1 t NJV,;1d8 N01 November 3, 1992 Memo to City Council Uri Employee Health Insurance Program Page 2 BA-WQRWMD. December 31, 1992 will mark the completion of our first plan year with a PALICO. Through the PALICO health plan, we have added more than 200 medical providers to our network (see Exhibit I), in thirty (30) specialties. More than 80% of our network providers are in Denton. The majority of City employees and dependents are pleased with the improved access to local medical providers, The restructuring of our health insurance program into "0r one simplified plan and the lower dependent premium rates offered by the PALICO contract have made dependent coverage more affordable, as more employees are now covering their dependents on the current health plan. While we have made some significant progress, new problems are facing us under the plan. The frequency of medical service utilization is high. This has, in turn, caused our claims to increase substantially. Our claims experience from January I to September 30 shows that the Employee Health Insurance program has incurred more than $2,200,000 in claims, while paying i $10718,000 in premiums. On a premium to claims basis, PALICO has incurred approximately 29% loss in medical claims. In order, to keep our rate increase within the budgeted 16%, we will, unfortunately, need to reduce plan benefits, Based upon Mr, Dave Palatiere's (of Coopers and Lybrand) analyses, a 16% rate increase required a 22% reduction in the current level of plan benefits, i Mr. Palatiere, working closely with staff and members of the Employee Insurance Committee, developed a proposal to accomplish the 22% reduction in plan benefits required to limit our 1993 rate increase to 16%. Exhibit. II shows the areas where we have revised our plan design to achieve a 22% reduction in plan benefits, and how the 1993 (proposed) schedule of benefits has been changed, Exhibit III shows our current and proposed premium rates for employees and retirees. We held in-depth discussions with the Employee Insurance Committee regarding the proposed plan design changes, Member's of the Committee agreed by consensus to implement these changes. Also, Mr, Palatiere will work with local medical provider ;,coups to address the issue of high utilization associated with doctors' office visits. Thus, it is staff's recommendation that tho City Council approve the 16% ' rate increase, along with the proposed plan design changes i`or the 1993 plan year, The 16% rate increase is within the approved hralth insurance budget for 1992/93. The plan design changes would help out, health insurance plan minimize future medical olaims costs and rate increases. PR(xiR_&4S,DEPAPTHENTS_O11_RROIJP_AFFECTED: , The City's Health Insurance Program covers all regular, full--time and par! time City of Denton employees in all departments. Currently, 807 employ is are coverer on the program. 1` S' l~ 3j IWO.._uU: 9_? November 3, 1992 Memo to City Council on Employee Health Insurance Program Page 3 EISCAL IM AAA 'T The City budgeted departments at ib% rate increase. The proposed health a insurance rate increase is within the approved budget for 1992/93. Respectfully Submitted: r Lloyd V. Harrell City Manager Prepared by: r E Thomas W. Kl nck, Director Human Resources Appro d: B y McK xecutive Director Municipal $a ices and Economic Development Exhibits ccpal93.prn l c, x, y~_ yy EXIIII31T I City of Denton Health Plan Carrier: Philadelphia American Life Network of Providers Listed Alphabetically By Provider Name And By Specialty so o f \ G t~ w~~w Effective 06101192 UPDATE Ail I~f I °s CITY OF DENTON PARTICIPATING PROVIDERS TABLE OF CONTENTS ftge I 1, Providers listed by Specialty 1-9 e Allergy, Anesthesiology, Audiologist, Cardiology, Chiropractic, CRNA I Dermatology, Emergency Medicine, Endocrinology, ENT, Family Practice 2 Family Practice, Gastroenterology, General Surgery, Gynecology- 3 lnteriility-Obstetrics = . Gynecology-lnterillity-Obstetrics, Hematology-Oncology, Internal 4 Medicine, Medical Genetics & imaging . Nephrology, Neurology, Occupational Therapy, Ophthalmology, 5 Orthopedic Surgery, Pathology, Pediatrics Pediatrics, Physical Medicine & Rehabilitation, Physical Therapist, 6 Plastic & Reconstructive Surgery, Podiatry, Radiology Radiology, Rheumatology/Arthri ls, Speech Pathology, Urology 7 i Psychiatry, Psychologist/Counseling 8-9 /I. Providers listed alphabetically 10 - 17 111. Provider Information 18 AFFILIATION KEY n DPA Dallas Psychological Association HSPP Council for the National Rngister of Health ,Service Providers In Psychology IPA Independent Physicians Association of Denton County IPA-AFF Independent Physicians Association of Denton CountyAMliates vl Vo NIP Non-Affiliated Independent Providers NTMSPA North Texe s Medical Surgical, P.A. F,P17 MALTYKEY CHNA Certified Registered Nurse Anesthetist ENT Ear, Nose, & Throat a" CITY OF DENTON Effective 0"1192 PARTICIPATING PROVIDERS Listed by Speciaity OFFICE OPPICE OFP[CE PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION IPA Badie, Bediola, M.D, 382-8144 2515 Scripture., Suite 101 Denton Ai1ar&Y NIP 336-8855 700 Hemphill, Suite A Fort Worth Allergy 'Tacna, Rajeodra K., M.D., P.A. Davis, Owdoa, M .D. 566-3788 2515 Scripture, Suite 2110 Denton Anesthesiology IPA Garcia. IPA ,Oreec 566-3788 2515 Scripture, Suite 200 Denton Anesthesiology , Carla, M.D. A, Chris,om, M.D. 566-3788 2515 Scripture, Suite 200 Denton Anesthesiology IPA Pourzac 566-3788 2515 Scripture, Suite 200 Denton Anesthesiology I Is z, M.D. IPA n, Darius 'ouius P., M.D. 566-3788 2515 Scripture, Suite 200 Denton Anesthesiology IPA Via, 566-4095 4309 Most, Suite A Denton Anesthesiology Rogers, Booker T. Jr., M.D. IPA M Via, Mickey, M.D. 566-3716 4401-A North 1-35, Suite 220 Denton Anesthesiology IPA [PA Denton Anesthesiology Wedgewor[h, Richard fames II, M.Q. 566-4095 4309 Mesa, Suite A Denson Audiologist IPA-APF Caudle, Chris D., MS, CCA 387-0550 4309 Mesa Drive Cardio"racle Surgery Associates 2141550-9195 1425 Greenway Dr., Suite 360 Irving Cardiothoracic Surgery NIP Park, R. Conrad, M.D. 382°8080 4401-A North I-35, Suite 250 Denton Cardiology IPA !PA 566-2358 4405 North 1-35, Suite 16 Denton Cardiology IPA Qureahi, Taavar A., M.D' 665-1183 1209 N. Orand Ave Gainesville Cardiology Denton Chiropractic NIP Galles, pouglaa l• , D.C. 565-1200 116 Ferguson NIP Howell, Robert T., 8.5., D.V.M., D.C. 566-0000 1129 Ave C. Penton Chiropractic NIP Hunter, Randell L., D.C. 387-0405 2317 West University Dr., Suite B5 Denton Chiropractic 382-3200 924 North Elm Street Denton Chiropractic NIP ro m Leith, Robert S., D.C. IP Rupert, Ronald I , M.S., D.C. 565-8118 721 135 E. South, Suite 140 Denton Chiropractic NNIP 566-0000 1 129 Ave C. Denton Chiropractic Surprise,Juannee, R,N., D.C. Denton Chiropractic NIP Whitmer, Jaum U„ D.C. P.C. 565-1501 4218 F 35, E-North i Denton CRNA [PA-APP Balsley, Sharon, CRNA 381-0177 1318 Auburn 566-3788 2515 Scripture, Suite 200 Denton CRNA Blankenship, Susan, CRNA IPA-AP Ar le CRNA IPA-AF Primer, Inez, CRNA 455-2880 Route 1, Box 206-B Page 1 I I I i i c• Was N `'11 li CITY OF DENTON Effective 06M11912 PARTICIPATING PROVIDERS Listed by Specialty ' OFFICE ~ OFFICE ~OFFICE NUMBER ADDRESS CITY SPECIALTY AFFILIATION PROVIDER NAME IPA.. Boren, Robert, M.D. 387-5595 ldlA Scripture, Suite 3 Penton Dermatology IPA 387-7565 4210 Mesa Drive, Suite C Denton Dermatology Henry, Clara, M.D. Denton Emergency Medicine IPA Park, Randy, M.D. 566-4300 4405 North 1-35 566-2702 4309 Mesa Drive Denton Endocrinology IPA Moryaa, Anwar L, M.D. Internal Medicine/Diabetic Dallas ENT NIP Altenau, M:,rk M., M,D, 2141661-7888 7777 Forest Lane, Suite #B434 NIP Bi1t1e, C. Charles, Jr. M.D. 458-4428 401 N. Slemmons Sanger Family Practice N'CMSPA 898-7400 2509 Scripture, Suite 200 Denton Family Practice Blacker, O. Thomas, M.D. Donlon Family Practice IPA Croissant, Robert S., M.D. 382-9636 1414 North Elm William, DA' NIP ,Cudd, W. Gershon, , 565-0019 2412 Old North Road, #101 Denton Family Practice Gersh J. Robert, Q.O. 817/686-5511 1246-C highway 377 South Pilot Point Family Practice IPA Glaser, Stephen, D.O. IPA 8171497-2204 130 West Handley Drive Lake Dallas Family Practice 214/317-1110 2300 Highland Village Road, Suite 3 Lewisville Family Practice IPA IPA 566-5010 1108 Dallas Drive, Suite 300 Denton Family Practice Gorman, Brent, D.O. Griffin, Brad, D.O. 491-2564 1 Village Circle, 5uila 205 Westlake Family Practice NIP IPA hagen, B B. . Douglas, M. D . 898686••-7400 2254 1246 2509 -13 Ilwy. Scripture, 377 Suite South 200 Pilot Point Family Practice Alien M., Groff, Don F., III G.C . P.A. Denton Family Practice NTMSPA Jolt, M.D. , P.A. 383-1578 1614 Scripture, Suite 8 Denton Family Practice IPA e, M.D. 436-2544 724 West Main, Suite 160 Denton Family Practice NIP Jaekaoo, i n, Dole, ' NIP 566-0074 519 Bryan Street Denton Family Practice James H., Jones, M.D. Denton Family Practice IPA o Maxwell, Jack, D.O. Kozura, John III, D.O. 383-8300 1716 Scripture, Suite E d 497-2204 130 West Handley Drive Lake Dallas Family Practice IPA \ 2141317-111,0 2300 highland Village Road, Suite 3 Lewisville Family Practice IPA NTMSPA 16250914 Scripture, Suite 200 Donlon Family Practice 898;0 118 898,7400 565 Denton Family Practice IPA 1 r~ Mce L. flarvord, by C., M.D. M.D. McGuire, Timothy C., v V I McKinney, Kevin,M.D• 565°1615 - 1614 Scripture, Suite 6 Denton Family Practice IPA Pago 2 i I l~ ~t :r CITY 017 DENTON Effective 06101192 PARTICIPATING PROVIDERS Listed by Specialty WV- Ol'FICE---.-OFFICE ~OFF1CE PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION Moore, Terrence, M.D. 565-1565 2324 San Jacinto Blvd., Suite 219 Denton Family Practice IPA• Nobles, Robert, D.O. 380-0844 1400 Crescent, Suite 4 Denton Family Practice IPA Perry, Richard, D.O 8171458-4774 400 Bolivar Street, Suite 304 Sanger Family Practice IPA Scott, Joseph, M.D. 566-5010 1108 Dallas Drive, Suite 300 Denton Family Practice IPA Shelton, S. John, M.D. 898-7400 2509 Scripture, Suite 200 Denton Family Practice NTMSPA Taylor, M. Eugene, M.D. 898-7400 2509 Scripture, Suite 200 Denton Family Practice NTMSPA 'rho University Medical Group 469-8900 259 E. Arkansas Lane, Suite 190 Arlington Family Practice NIP The University Medical Group 571-2221 2816 Central Drive, Suite 150 Bedford Family Practice NIP The University Medical Group 382-7891 2324 San Jacinto Blvd., Suite 211 Denton Family Practice NIP The University Medical Group 924-1991 3750 S. University Drive, Suite tOl Ft. Worth Family Practice NIP The University Medical Oroup 214/570-7007 3626 N. MacArthur Blvd., Suite 200 Irving Family Practice NIP Wolski, Edward, M.D. 566-8000 1701 Broadway Streak Denton Family Practice IPA Yeaus, Linda E., M.D. 565-1565 2324 San Jacinto Blvd., Suite 219 Denton Family Practice IPA Fletcher, Joseph, M.D. 387-5577 4405 North 1-35, Suite 12 Denton Gastroenterology IPA Haley, James A., M:D. 382-0900 2509 Scripture, Suite 105 Denton Gastroenterology IPA Adami, Gilbert, M.D. 382-6324 4401 North 1-35, Suite I Denton General Surgery IPA Charney, F. Jeffrey, M.D. 382-7321 4401-A North 1-35, Suite 170 Denton General Surgery IPA Feldman, James, M.D. 387-7588 4401-A North 1-35, Suite 370 Denton General Surgery IPA Kurrus, Frederick, M.D. 387-7733 4401 North 1-35, Suite 2 Denton General Surgery IPA Marsden, John Michael, M.D. 2141219-6800 560 W. Main Suite 103 Lewisville General Surgery IPA Mizer, Glen Lavell, M.D. 387-7588 4401-A North 1-35, Suite 370 Denton General Surgery IPA ni Mosier, Curtis L., M.G. 382-2646 1300 Fulton Place, Suite 203 Denton Genera! Surgery IPA W 214/219-6800 560 W. Main, Suite 103 Short, Arvin, M,D. 898-7400 2509 Scripture, Suite 200 Denton General Surgery NTMSPA oT { Balsley, Gerard, M.D. 381-0177 1300 Fulton Place, Suite 502 Denton Gynecology-Infertility-Obstetrics IPA ~1 Boatwright, R. Bryan, M.D. _ 383-1663 4401-A North 1_35, Suite 310 _ Denton Gynecology`Inferlility IAA 0 - ~ k Page 3 \ W k' CITY OF D E N T O N Erractive 06MI192 PARTICIPATING PROVIDERS Listed by Specialty OFFICE OFFICE OFFICE PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION Cummings, Fred P., M.D. 898-1476 2519 Scripture, Suite 203 Denton Gynecology- Inferl 11ity-Obstetrics IPA Dulemba, John F., M.D. 566-2466 4222 1-35 North Denton Gynecology-Infertilily-Obstetrics IPA Lee, J. Robert, M.D, 898-7400 2509 Scripture, Suite 200 Denton Gynecology NTMSPA Mantri, Suhas D., M.D 382-0076 2509 Scripture Street, Suite 104 Denton Gynetology-Infertilily -Obstetrics NIP Marsden, Cindi, M.D. 382-6190 4405 1-35, Suite C Denton Gynecology- Infertilily-Obsletrics IPA Midgetl, William, M.D. 387-3583 323 North Bonnie Bree Denton Gynecology-Infertilily-Obstetrics IPA Miller, J. Hampton, M.D. 387-3583 323 North Bonnie Brae Denton Gynecology-Infertility-Obslelries IPA Slocki, Lawrence M., M.D. 383-1519 4405 North 1-35, Suite A Denton Gynecology- Infertility- Obstetrics IPA Walsh, Katrina, M.D. 382-6190 4405 1-35, North, Suite C Denton Gynecology-Obstetrics IPA Wasserman, Alan S„ M.D. 566-4609 4405 North 1-35, Suite B Denton Gynecology-Infertility-Obstetrics IPA Wilson, Ronald T., KID, 565-1100 4405 North 1-35, Suite B Denton Oynecology-Infertility-Obstetric, IPA Candy, Debra, M,D. 382-1022 25 i5 Scripture, Suite 202 Denton Hematology-Oncology IPA Dave, Ajil, M.D. 382-4060 4401-A, North 1-35, Suite 270 Denton Hematology-Oncology IPA Patel, N.A., M.D., P.A. 566-4651 4308 Mesa Drive, Suite B Denton Ilemalology-Oncology IPA Zatopek, Nancy. D.O. 387-0590 4401 A North 1-35 Suite 3 Denton Hematology-Oncology IPA Bhatt, Jhendrs N., M.D. 698-0232 1108 Da11as Drive, Suite 337 Denton Internal Medicine IPA Dave, Beens, M.D. 382-4060 4401-A 1-35 N. Denton Internal Medicine IPA Ginnings, Mark L,, M.D. 387-74,41 4401 1-35 North, Suite 10 Denton Internal Medicine IPA McCormick, William C. (Bill), M.D. 387-1512 4401 1-35 North, Suite 8 Denton Internal Medicine IPA McCormick, Willliam M., M.D. 387-1512 4401 1-35 North, Suite 8 Denton Internal Medicine IPA, a Norris, Jackie R., M.D., P.A. 566-2242 625 Dallas Drive, Suite 375 Denton Inlernal Medicine NIP o Wahlerl, N. Charles, M.D. 998-7400 2509 Scripture, Suite 200 Denton Internal Medicine NTMSPA Kagal, Dinesh P., M.D. 387-4371 4405 1-35 North, Suite 17 Denton Interim) Medicine-Pulmonary IPA Saraiya, Mukesh C., M.D. 381-0971 2509 Scripture Street, Suite 103 •A Denton Internal Medicine-Pulmonary IPA Freeman, Mahlon V. R., M.D, 3873585 323 North Bonnie Brae Denton Ledicai Genelics & Imaging IPA 1 Page 4 J I c . k' I CITY OF DENTON HffecdveO6101192 PARTICIPATING PROVIDERS Listed by Specialty 4 OFFICE -OFFICE OFFICE W~ PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY APFILIA'fION I Baker, Bruce H., M.D., P.A. 2141219-0558 500 West Main, Suite B Lewisville Nephrology (Kidney) NIP Carr, Walter G., M.D., P.A. 387-9566 4401 North 1-35, Suite 145 Denton Neurology IPA Cooke, David H., M.D. 383-1773 250r)Scripture Street Denton Neurology IPA 2141420-9200 560 W. Main, Suite 203 Lewisville Neurology IPA Collier, Carol Weems, OTR 566-2460 417 South Locust, Suite 102 Denton Occupational Therapy IPA-AFF Koulz, Kathy, O.T.R. 566-5117 625 Dallas Drive, Suite 250-13 Denton Occupational Therapy IPA-AFF Smith, DeWece, M.O.T., O.T.R. 566-2460 417 South Locust, Suite 102 Denton Occupational Therapy IPA-AFF Washburn, Caryl, O.T.R. 387-9089 Roule 7, Box 105-C Denton Occupational Therapy IPA-AFF Holladay, George, M.D. 383-2607 525 Bryan Street Denton Ophthalmology IPA Lewis, Jeffrey E., M.D., P.A. 383-2655 4401-A North 1-35, Suite 130 Denton Ophthalmology NIP Neely, Wanda F., M.D. 2141436-4141 560 Went Main, Suite IOIA Lewisville Ophthalmology IPA Nunn, Roger, M.D., P.A. 382-1511 525-A Bryan Street Denton Ophthalmology IPA Anderson, William J., NI,D. 382-1577 2515 Scripture Denton Orthopedic Surgery (Bands) NIP Hopkins, Charles D., M.D. 566-8081 700 West Oak Street Denton Orthopedic Surgery IPA Kristuferson, John S., M.D. 382-6757 4310 Mesa Drive Denton Orthopedic Surgery IPA Weinberg, Stephen A., M.D., P.A, 566-2440 4401-A, North 1-35, Suite 180 Denton Orthopedic Surgery IPA Ford, Kenneth L., Jr., M.D. 383-2381 1600 Scripture vAA l A"` Aa Denton Pathology IPA i~ fD ~0 Alvarez, Victor R., M.D. 182-5466 1100 Fulton, Suite 501 Denton Pediatrics IPA , Dowling, James, M.D. 387-3891 1728 Scripture Denton Pediatrics IPA a Eckel, Bruce, M,D. 898-1477 2515 Scripture, Suite 201 Denton Pediatrics IPA \ o Janke, Marilyn, M.D. 898-1477 2515 Scripture, Suite 201 Denton Pediatrics IPA \ w McGehee, Prank, M.D. 565-9110 4204 North 1-35 Denton Pediatrics IPA 1 S Patterson, Thomas, M.D. 387-3891 1728 Scripture Denton Pediatrics`-,- _ IPA W ~ CU Page 5 r T ~ a; i 71 CITY OF DENTON Effective 06101192 4 PARTICIPATING PROVIDERS Listed by Specialty OFFICE OFFICE OFFICE -J _~J--- 1 ADDRESS CITY SPECIALTY AFFILIATION PROVIDER NAME NUMBER Penton Pediatrics IPA Schulman, Stephen, M,D, 382-9448 4401-A, North I-35, Suite 260 Denton Pediatrics IPA Valis, Debra Ann, M.D. 898-1477 2515 Scripture, Suite 2Q1 Rhalt, Azad, M.D. Denton Physical Medicine & Rehabilitation IPA 4 380-1.408 4401-A, 1-35 North, Suite 350 Denton Physical Therapist IPA-AFF Campbell, Stephen, P.T. 566-5714 534 North Elm Denton Physical Tharrpisl IPA-AFF Carmichael, Rod, P.T. 566-5117 625 Denton Drive, Suite 250-B Denton Physical Therapist IPA-AFF } Devine, Kathy, P.T. 566-5117 625 Denton Drive, Suite 250-B Denton Physical Therapist IPA-AFF Oorlon, Robert, P.T. 397-7446 2412 Old North Road Denton Physical Therapist IPA-AFF I{awk, Andrea, P T 566-5117 625 Denton Drive, Suite 250-B Denton Physical Therapist IPA-AFF 110110", Etsianne, P.T. 566-2460 417 South Locust, Suite 102 Denton Physical Therapist IPA-AFF King, Jacqueline, P.T. 566-5714 534 North Elm IPA-AFF Denton Physical Therapist Phillips, 1, Doss, P.T. 566-1099 Route 7, Box 105-C Denson physical Therapist IPA-AFF r Seward, Jean, P.T. 566-2460 417 South Locust, Suite 102 Denton Physical Therapist IPA-AFF Sulak, Nancy, P.T. 566-51 l7 625 Dallas Drive, Suite 250-9 Denton Physical Therapist IPA-AFF Tao, Owen, P T 566-5117 625 Dallas Drive, suite 250-B 566-2445 4405 North [-35, Suite 15 Denton Piastic & Reconstructive Surgery IPA Lipton, Stuart, M.D.. D.D.S. Denton Podiatry IPA-AFF Allmon, M. Stuart, DPM 387-3411 1112 Dallas Drive, Suite 40l Denton Podiatry NIP Caplan, Harry M., DPM 566-3838 4230-A 1-35 North IPA-AFF' 566-1919 1632 West University Denton Podiatry Matheson, Thomas, DPM w IPA o 387-6159 1614 Scripture, Suite 2 Donlon Radiology Bergstrom, Joo, M.D. Denton Radiology IPA Coffey, Kenneth R, M.D. 387-1500 3118 Los Colinas Dr. Denton Radiology IPA l 387-6159 1614 Scripture, Suite 2 Denton Radiology IPA Brown, Jules P„ M.D. De 397-6159 1614 Scripture, Suite 2, t Lockwood, Robert M., M.D. Denton Radiology fPA ~ Nichols-Hosteller, Sussn, M.D. 387-6159 1614 Scripture, Suite 2 -sl ( page 6 C i CITY OF DENTON Effocdve06MI192 PARTICIPATING PROVIDERS Listed by SpCcialty OFFICE OFFICE ~v OFFICE PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION Reynolds, Lizabeth, M,D. 387-6159 1614 Scripture, Suite 2 Denton Radiology IPA Velayos, Edward, M.D. 565-0600 4308 Mesa Drive Denton RheumAtology/Arthtitis IPA Sabourn, Jolene, M.S. CCC-SP 382-2736 4120 Selene Drive t Denton Speech Pathology IPA-AFr' Watson, Peggy, CCC, M.S. 566-5117 625 Dallas Drive, Suite 250-B Denton Speech Pathology IPA-AFF Willson, Marcia a. 566-2460 417 South Lecusl, Suite 102 Denton speech Pathology IPA-AFF Admire, Robert, M,D, 387-2241 2509 Scripture, Suite 100 Denton Urology IPA Sacher, Edward C., M.D. 383-2345 4405 North 1-35, Suite 13 Denton Urology IPA Thomas, T. J., M. D., P. A. _ 383-1581 4401-A, North I-35, Suite 380 Denton Urology IPA I I t Id in ~ i w~Qrw Page 7 41 ~ / y 4 r. r a: is c CITY OF DENT 0 N effective 06101192 PARTICIPATING PROVIDERS Counseling OFFICE --OFFICE OFFICE - - PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION Fougerousse, C. EdN ud, M.D. 382-2239 _ 4401-A, I-35, Suite 340 Denton Psychiatry IPA Kambhampati, Krishna, M.D. 382-2979 501 South Carroll, Suite B Denton Psychiatry IPA Patel, Jyoti N„ M.D., P.A. 566-4651 4308 Mesa Drive, Suite B Denton Psychiatry IPA Vasavada, N.M., M.D., P.A. 214/221-1741 541 W. Main Street, Suite 140 Lewisville Psychiatry NIP Aaron, Larry M., M.Ed. L,P.C 566-3285 501 South Carroll Blvd„ Suite F. Denton Psychologist/Counseling NIP Achterberg, Gloria, Ph.D. 565-9978 1415 North Elm Denton Psychologist/Counseling IPA-AFF,DPA Black, Susan, M.S., L.M.F.T. 382-3936 207 W. Hickory Denton Paychologisl/Counseling NIP Carson, Laura R„ M,S.W„ CSW-ACP 566-4691 225 N. Locust Denton Psychologist/Counseling NIP Chandler, Cynthia, E.D.D., L.P,C. 382-7456 207 W. Hickory Denton Psychologist/Counseling NIP Deines, John, Ph.D. 566-5110 1810 Teasley Lone Denton PsychologisUCounseling IPA-AFF Dickerson, David, L.P.C, 214/221-1741 541 West Main, Suite 140 Lewisville Psychologist/Counseling NIP Evenson, Merry L., Ph.D., L.P,C. 566-0470 1605 E. Windsor Denton Psychologist/Counseling NIP Flynn, Michael, Ph.D. 566-3285 501 South Carroll, Suite F Denton Psychologist/Counseling IPA-AFF Fougerousse, Myra, Ph.D. 382-2239 4401-A, 1-35, Suite 340 Denton Psychologist/Counse ling IPA Gallup, Christopher S., Ph.D. 2141235-7160 6750 Hillcrest Plaza Dr., Suite 221 Dallas Psychologist/Counseling NIP Gouge, Betty, Ph.D. 2141434-3342 2925 LBJ Freeway, Suite 280 Dallas Psychologist/Counseling NIP 565°1818- 4401-A I-35-North, Suite 390 - Denton Psychologist/Counseling - IPA-AFF' Harper, Howard D„ Ph.D. 566-3482 6101 West University Drive Denton PsychologisUCounseling NIP Hodges, Cynthia, M.Ed., L.P.C. 382-7456 207 W. Hickory Denton Psychologist/Counseling NIP ,c Horton, Darrell, Ph.D. 566-2460 417 South Locust, Suite 102 Denton Psychologist/Counseling IPA-ArF Hughes, Ron, Ph.D. 2141436-2250 376 West Main, Suite D Lewisville Paychologisl/Counseling IPA-AFF PA a Johnson, Millie, Ph.D. 382-0311 601 N. Carroll Denton Psychologist/Counseling [NIP Kaae, Kirsten, M.Ed,, L.P.C. 382-7456 207 W. Hickory Denton Psychologist/Counseling Kovacs, Cecilia, L.P,C. 2141221-1741 SQI Wesl Maio, Suite 140 Lewisville PsychologisUCounseling IP Pago 8 c n .14 , Ix li I C I T Y OF D E N T O N Jdffective, 06171192 PARTICIPATING PROVIDERS Counseling I PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION Larusso, Thomas K., M.S. Ed„ L.P.C. 566-4691 225 N. Locust Denton PsychologisllCounseling NIP Levisay, Suzanne, MSW, CSW-ACP, LPC 383-2431 1305 North Elm Denton Psychologise/Counseling NIP Lewis, Gregory 0., Ph.D. 566-3200 1108 Dallas Drive, Suite 333 Denton PsychologisllCounseling IPA-APP,BSPP,DPA Manley, Charles S., Ph.D. 387-1913 541 West Main, Suite 140 Lewisville Psychologist/Counseling DPA Marr, John, Ph.D. 565-1915 801 North Elm Denton Psychologist/Counseling NIP McGraw, Susan B., M.Ed., CSW-ACP 383-2431 1305 North F.Im Denton Psychologist/Counseling NIP Molchan, Hill, M.A., L.P.C. 566-4691 225 N. Locust Denton Psychologist/Counseling NIP Moore-Morel, Neecie, L.P.C. 214/342-0886 10692 East Lake Highlands Dallas Psychologist/Counseling NIP Morgan, Melanie D,, M.S., L.P.C. 566-320Qo 1108 Dallas Drive, Suite 333 Denton Psychologist/Counseling NIP Offutt, Kathleen D., M.Ed., L.P,C• 566-4691 225 N. Locust Denton Psychologist/Counseling NIP Peek, Roberts, M.S.W,, C.S.W. 566-4691 225 N. Locust Denton Psychologist/Counseling NIP Perry, Lessie, Ph.D. 383-1745 512 West Hickory Denton PsychologisUCounseling NIP Polo, Linda, Ph,D. 565-1818 4401-A 1-35 North, Suite Denton Psychologist/Counseling IPA-APP Robertson, Bruce A., M.S., L.P.C. 566-3200 1108 Dallas Drive, Suite 333 Denton Psychologist/Counseling NIP Sandel, Mark, M.S.S.W., C.S.W. 382-7456 207 W. llickwy Denton Psychologist/Counseling NIP Saunders, Gail P., M Ed., L.P.C. 382--7456 207 W. Hickory Denton Psychologist/Cou,iseling NIP Seibert, Olivia V., M.Ed., L.P.C. 566-3285 501 S. Carroll Boulevard, Suite P Denton PsychologistlCounschng NIP Shapp-Dossey, Helena, M.Ed., L.P.C. 566-4940 529 Malone, Suite I Denton Psychologist/Counseling NIP Shaw, Samantha D,, C,A,D.A.C., L.P.C. 566-3200 1108 Dallas Drive, Suite 333 Denton Psychologist/Counseling NIP Smallwood, Kathie B., Ph.D., L.P.C. 383-3336 1212 North Elm Denton PsychologisUCounseling NIP Ward, Carl A., Ph.D, _ 214!235-7160 675011illcrest Plaza Dr., Suite 221 Dallas PsychologisUCounseling NIP I aL I9 .l N n l~ I Page 9 I s. r ; CITY OF D E N T O N ERfeca've OIt IN2 PARTICIPATING PROVIDERS Listed Alphabetically OFFICE OFFICE OFFICE PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION Aaron, Larry M., M.ED., LPC 566-3285 501 South Carroll Blvd., Suite F. Denton Psychologist/Counsoling NIP Achtervorg, Gloria, Ph.D. 566--9978 1415 North Elm Denton Psychologist/Counseling IPA--AFF,DPA Adams, Gilbert, M.D. 382-6324 4401 North 1-35, Suite I Denton General Surgery IPA Admire, Robert, M,D. 387-2241 2509 Scripture, Suite 100 Donlon Urology IPA Aitenau, Mark M,, M.D. 214/661-7888 7777 Forest lane, NB434 Dallas ENT-Specialist NIP Allmm, M. Stuart, DPM 387-3411 1112 Dallas Drive, Suite 401 Denton Podiatry IPA-AFF Alvarez, Victor R., M.D. 382-5466 1300 Fulton, Suite 501 Denton Pediatrics IPA Anderson, William J., M.D. 382-1577 2515 Scripture Denton Orthopedic (Hands) NIP i Bsdie, Bediols, M.D. 382-8144 2515 Scripture, Suite 101 Denton Allergy IPA Baker, Bruce H., M.D., P.A. 214/219-0558 500 West Main, Suite B Lewisville Nephrology (Kidney) NIP Balsley, Gerard, M.D. 381-0177 1300 Fulton Place, Suite 502 Denton Gynecology-Infertility-Obstetrics IPA Belsley, Sharon, CRNA 381-0177 1318 Auburn Denton CRNA IPA-AFF Bergstrom, Jon, M.D. 387-6159 1614 Scripture, Suite 2 Denton Radiology IPA DWI, Azad, M.D. 380-1808 4401-A 1-35, North, Suite 350 Denton Physical Medicine & Rehabilitation IPA Bhatt, Jitendra N., M.D. 898-0232 1108 Dallas Drive, Suite 337 Denton Internal Medicine IPA Bittle, C. Charles, Jr. M.D. 458-4428 401 N. Stemmons Singer Family Practice NIP Black, Susan, M.S., L,M,P,T. 382-3936 207 West Hickory Denton Psychologist/Counseling NIP Blankenship, Susan, CRNA 566-3788 303 North Carroll, Suite 108 Denton CRNA IPA-AFF 81ocker, O. Thomas, M.D. 898-7400 2509 Scripture, Suite 200 Denton Family Practice NTMSPA Boatwright, R. Bryan, M.D. 383-1663 4401-A North I-35, Suite 310 Denton Oynecology-Infertility IPA Boren, Robert, M.D. 387-5595 1614 Scripture Fenton Dermatology IPA Brown, Jules P,, M.D. 387-6159 1614 Scripture, Suite 2 Denton Radiology IPA i°r w V' s rn VD Campbell, Stephen, Y.T. 566-5714 534 North Ehn Denton Physics[ Therapist IPA-AFF m° Caplan, Harry M., DPM 566-3838 4230-A 1--35 North Denton NIP Podiatry Cardiotboracic Surgery Associates 214/550-9195 1425 Greenway Dr., Suite 360 Irving Cardiothoracic Surgery NIP Carmichael, Rod, P.T. 566-5117 625 Denton Drive, Suite 250-13 Ikmton Physical Therapist IPA-AFF t Carr, Walter G., M.D., P.A. 387-9566 4401 North 1-35, Suite 145 Denton Neurology IPAI Carson, Laura R„ MSW, CSW-APP 566-4691 225 North l ocustDenton Psycho logisUCounseling _ NIP ~y G, G, Pago 10 r r. CITY OF DENTON Hffective06101192 PARTICIPATING PROVIDERS ; Listed Alphabetically OFFICE OFFICE OFFICE - - PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AHIL1ATION Caudle, Chris D., MS, CCA 387-0550 4309 Mesa Drive Denton Audiologist IPA-AFF Caudy, Debra, M.D. 382-1022 2515 Scripture, Suite 202 Denton Ilemalology-Oncology IPA J Chandler, Cynthia, E.D.D., L.P.C. 382-7456 207 West Hickory Denton Psychologist/Counseling NIP 1 Charney, F. Jeffrey, M.D. 382-7321 4401-A North 1-35, Suite 170 Denton General Surgery IPA Coffey, Kenneth P., M.D. 387-1500 3118 Los Colinas Dr. Denton Radiology IPA Collier, Carol Weems, OTR 566-2460 417 South Locust, Suite 102 Denton Occupational Therapy EPA-AFF Cooke, David It., M.D. 383-1773 2509 Scripture Street Denton Neurology IPA 214/420-9200 560 W. Main, Suite 203 Lewisville Neurology IPA Croissant, Robert S., M.D. 382-9636 1414 North Elm Denton Family Practice IPA Cudd, W. William, D.O. 565-0019 2412 Old North Road, M10i Denton Family Practice NIP Cummings, Fred P., M.D. 898-1476 2515 Scripture, Suite 203 Benton Gynecology-inferlitity-Obstetrics IPA Dave, Ajit, M.D. 382-4060 4401-A, North 1-35, Suite 270 Denton Ilemalology-Oncology IPA Dave, Beeno, M.D. 382--4060 4401-A 1-35 N. Denton Internal Medicine IPA Davis, Gordon, M.D. 566-3788 2515 Scripture, Suite 200 Denton Anesthesiology IPA Deines, John, Ph.D. 566-5110 1810 Teasley Ln. Denton Psychologist/Counseling IPA-AFF Devine, Kadiy, P.T. 566-5117 625 Denton Drive, Suite 250-B Denton Physical Therapist IPA-AFF Dickerson, David, L.P.C. 214/221-1741 541 West Main, Suite 140 Lewisville PsychologiAlCounseling NIP Dowling, James, M.D. 387-3891 1728 Scripture Denton Pediatrics IPA Dulemba, John F., M.U. 566-2466 4405 1-3i North, Suite A Denton Gynecology-Inferlilily-Obstetrics IPA Eckel, Bruce, M.D, 898-1477 2515 Scripture, Suite 201 Denton Pediatrics IPA Everson, Merry L,, Ph.D., L.P,C. 566-0470 1605 East Windsor Denton Psychologist/Counseling Nil' . Feldman, James, M.D, 387-7588 4401-A North 1-35, Suite 370 Denton Gcnerat Surgery IPA «t i; ci Fletcher, Joseph, M,D, 387-5577 4405 North 1-35, Suite 12 Denton Usslroenterology IPA z Flynn, Michael, Ph.D. 566-3285 501 South Carroll, Suite F Denton PsychologistlCotnseling IP.L-AFF Fougerousse, C. Edward, M.D. 382-2239 14401-A1 1-350 Suite 340 Denton Psychhoo IPA 4\ I Fougerousse, Myra, Ph.D. 382-2239 44111-A, I-35, Suite 340 Denton Psychology IPA \ Ford, Kenneth L., Jr., M.D. 383-2382 1600 Scripture Uenlon Pathology IPA 1 4J - - - _ _ _ - w ~I w w Pago 11 , 1 ~I V L CITY OF D E N T O N GA'ochYe 06101192 PARTICIPATING PROVIDERS Listed Alphabetically t OFP1C1's UFFICE OFFICE PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION Freeman, Mahlon V. R., M.D. 387-3585 323 North Bonnie Brae Denton Medical Genetics & Imaging IPA ` Galles, Douglas P., D.C. 565-1200 116 Ferguson Denton Chiropractic NIP Gallup, Christopher S„ Ph.D. 2141235-7160 6750 Hillcrest Plaza Dr., Suite 221 Dallas Psychotherapist NIP Garcia, Carlos, M.D. 566-3788 2525 Scripture, Suite 200 Denlon Anesthesiology IPA Gershon, J. Robert, D.O. 686-5511 1246-C Highway 377 South Pilot Point Family Practice IPA Oinnings, Mark L„ M.D. 387-7441 4401 1-35 North, Suite 10 Denton Internal Medicine IPA Glaser, Stephen, D.O, 497-2204 130 West Handley Drive Lake Dallas family Practice IPA 214!3!7-1110 2300 highland Village Road, Suite 3 Lewisville Family Practice IPA Gorman, Brent, D,O. 566-5010 1108 Dallas Drive, Suite 300 Denton Family Practice IPA Gorlon, Roberl, P.T. 387-7446 2412 Old North Road Denton Physical Therapist IPA-AFF Gouge, Betty, Ph.D. 2141484-3342 2925 I.BJ Freeway, Suite 280 Dallas Family Counseling NIP Green, A. Christian, M. D. 566-3788 2515 Scripture, Suite 200 Denton Anesthesiology IPA Oriffin, Brad, D.O. 491-2564 3 Village Circle, Suite 205 Westlake Family Practice NIP Groff, Allen M., HI D.O. P.A. 686-2254 1246-D Hwy. 377 South Pilot Point Family Practice IPA Hafrz, 7afar, M.D. 566.3788 2515 Scripture, Suite 200 Denton Anesthesiology IPA Hagen, B. Douglas, M.D. 898-7400 2509 Scripture, Suite 200 Denton Family Practice NTMSPA Haley, James A,, M.D. 382-0900 2509 Scripture, Suite 105 Denton Gastroenterology IPA Hamilton, Pete, Ph.D, 565-1818 4401-A 1••35 North, Suite 390 Denton Psychologist/Counseling IPA-APP Harper, Howard D., Ph.D. 566-3482 6101 W, University Drive Denton Psychologist/Counseling Nil' Hawk, Aadrum, P.T. 566-5117 625 Denton Drive, Suite 250-B Denton Physical Therapist IPA-AFF Henry, Clara, M.D. 387-7565 4210 Mesa Drive, Suite C Denlon Dermatology (PA s„ u Hedges, Cynthia, M.Ed., L.P.C. 382.7456 207 West Hickory Denton PsychologisUCounseling Nil' <v Holladay, George, M.D, 383-2607 525 Bryan Street Denton Ophthalmology IPA w t (loll, Don F., M.D., P.A. 383-1578 1614 Scripture, Suite 8 Denton Family Practice IPA Hopkins, Charles D., M.D. 566-8081 700 West Oak Street Denton Orlliopedic Surgery IPA I Horton, Elsianne, P.-f. 566-2460 417 South Locust, Suite 102 Denton Physical Therapist IPA-AFF W ~t~I Horton, Darrell, Ph.D, 566-2460 417 South Locust Suite 102 Denton I Psychologisl/Counseling PA-AFF 111 - - - - PA - F - - - Page 12 I ` i CITY OF DRNTON rrrber;ve06101192 PARTICIPATING PROVIDERS ~ Lisled Alphabetically OFFICE OFFICE OPFICS - - PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATI N IEowell, Robert T., B.S., DVM, DC 566-0000 1129 Ave C. Denton Chiropractic NIP ~ Hughes, Ron, Ph D, 2141436-2250 376 West Main, Suite D Lewisville Psychologist/Counseling IPA-AFF Ilunler, Randall L., D.C. 387-0405 2317 West University Drive, Suite B5 Denton Chiropractic NIP Jackson, Dale M.D, 2141436-2544 724 West Main, Suite 160 Lewisville Family Practice NIP Janke, Marilyn, M,D. 898-1477 2515 Scripture, Suite 201 Denton Pediatrics IPA # lohrnson, Millie, Ph.D. 382-0311 601 North Carroll Denton Psychologist/Cuunse;iog D"A Jones, James H., M-D. 566-0074 519 Bryan Street Denton Family Practice NIP Kase, Kirsten, M.Ed., L,P.C. 382-7456 207 West Hickory Denton Psychologisl/Counseling NIP Kagal, Dinesh P., M.D. 387-4371 4405 1-35 North, Suile 17 Denton Internal Medicine.-Pulmonary IPA Kambhompatl, Krishna, M.D. 382-2979 501 South Carroll, Suite B Denton Psychiatry IPA _ King, Jacqueline, P.T. 566-5714 534 North Elm Denton Physical Therapist IPA-AFP Koutz, Kathy, O.T.R. 566-5117 625 Dallas Drive, Suite 250-8 Denton Occupational Therapy IPA-AFP Kovacs, Cecilia, L.P.C. 2141221-1741 541 West Main, Suite 140 Lewisville Counseling NIP Kozuro, John Ili, D.O. 383-8300 1716 Scriplure, Suite E Denton Family Practice IPA Kristoferson, John S,, M.D. 382-6757 4310 Mesa Drive Denton Orthopedic Surgery IPA Kurrus, Frederick, M.D. 387-7133 4401 North 1-35, Suite 2 Denton General Surgery IPA Larussa, Thomas, M.S., Ed., LPC 566-4691 225 North Locust Denton Psychologist/Counsaling NIP Lae, J. Robert, M.D. 898-7400 2509 Scripture, Suite 200 Denton Oyuecology NTMSPA Leith, Robert S., D.C. 382-3200 924 North Elm Sheet Denton Cniroproc(lo NIP Lovisay, Suzanne, MSW, CSW-ACP 383-2431 1305 North Elm Menton Prychoingisl/Counseling NIP f~ ar ro cu Lewis, Oregory O,, Ph.D. '>66-3200 1106 Dallas Drive, Suitt 333 Denton Psychologist/C'ounsoling IPA-AFrF,IISPP, PA i Lewis, Jeffrey E,, M.D., P.A. 383-2655 4401-A North 1-35, Suite 130 Denton Oplhalmology NIP Liplon, Stuart, KID., D.D.S. 566-2445 4405 North 1-35, Suite 15 Delft" Plastic & Reconstructive Surgery IPA Lockwood, Robert M., M.D. 387-6159 1614 Scripture, Suite 2 Denton Radiology IPA l Manley, Charles S,, Ph.D. 387•-1913 541 West Main, Suite 140 Lewisville Psychologist/Counseling DPA \ gy Montri, Suhas D., M.D. 382-0076 2509 Scripture Street, Suite 104 Denton Oynecology-InfaililityObstetrics Nil' 4 Marr, John, Ph.D. 565-1915 801 North Elm Dentou Psychologist/Counseling NIP Pago 13 t I i r. , a A 4 CITY OF D E N T O N Effective 06111192 PARTICIPATINO PROVIDERS Listed Alphabetically OFFICE OFFICE OFFICE PROVIDER NAME NUMDER ADDRESS CITY SPECIALTY AFFILIATION Marsden, Cindi, M.D. 382-6190 4405 1-35, Suite C Denton Gynecology-In ford lily - Obsteirlea IPA (Marsden, John Michael, M.D. 382-2646 1300 Pullon, Suite 203 Denton General Surgery IPA Matheson, Thomas, DPM 566-1919 1632 West University Denton Podiatry IPA-AFF Maxwell, Jack, D.O. 497.2204 130 West liundley Drive Lake Dallas Family Practice IPA 2141317-1110 2300 highland Village Road Suite 3 Lewisville Family Practice IPA McBrayer, L, Harvard, M.D, 898.7400 2509 Scripture, Suite 200 Denton Family Practice NTMSPA McCormick, William C, (Bill), M.D. 387-1512 4401 1-35 North, Suite 8 Denton Internal Medicine IPA McCormick, William M., M.D. 387-1512 4401 1-35 North, Suite 8 Denton Internal Medicine IPA McGehee, Frank, M.D. 565-9110 4401-A, North 1-35, Suite 200 Denton Pediatrics IPA MCOrow, Susan B., M.Ed., CSW-ACP 383-2431 1305 North Efat Denton PsychologlstlCounseling NIP McGuire, Timothy C., M.D. 565-9118 1614 Scripture Denton Family Practice IPA McKinney, Yovin, M.D. 565-1615 1614 Scripture, Suite 6 Denton Family Practice IPA Midgelt, William, M.D, 387-3583 323 North Bonnie [)toe Denton (lynecology-Infertillty-Obstetrics IPA Miller, J, Hamplon, M.D. 387-3583 323 North Donnie Brae Denton Oyrrecology-Inferlillly-Obstetrics IPA Mizer, Olen Lovell, M,D. 387-7588 4401-A North 1-35, Suite 370 Denton (lencral Surgery IPA Molchan, Bill, M.A., L.P.C. 566-4691 225 North [.must Denton Psychologist/Counseling NIP Moore, Terrence, M.D. 565-1565 2324 San lacinlo Blvd., Suite 219 Denton Family Practice IPA Moore-Morel, Neecie, L.P.C. 2141342-0886 10692 lies[ Lake Highlands Dallas Psychologist/Counseling NIP Morgan, Melanie D., M.S., L.P.C. 56F-3200 1108 Dallas Drive, Suite 333 Denton Psychologist/Counseling Nil' Moryon, Anwar 1., M.D. 566-2702 4309 Mesa Drive Denton lindocrinology IPA s Mosier, Curtis J,., M.U. 382-2646 1300 Fulton Place, Suite 203 Ueulon General Surgery IPA Neely, Wanda P., M.D. 214/436-4141 560 West Main, Suite IOIA i..ewisville Ophthalmology IPA Nichols°Hoaletter, Susan, M.D. 387.6159 1614 Scripture, Suite 2 Den[on Rodiology IPA t Nobles, Robert, D.O. 380-0844 1400 Crescent, Suite 4 Denton Family Practice IPA (JJ Norris, Jackie R., M.D., P.A. 566-2242 625 Dallas Drive, Suite 375 [)onion Internal Medicine NI[' S 3\j Nunn, Roger, M.D., P.A. 382-1511 525-A Bryan Street Donlon Ophthalmology IPA Off m, Kathleen D., M.Ed„ L.P.C. 566-4691 225 North i c>.ust Donlon I s cholo istlCounselin NIP Pago 14 i` i ti , CITY OF DENTON PARTICIPATING PROVIDERS fiflatlveA6h71iD2 Listed Alphabetically oPPrcu -oi~PtcE 0I1F1c ,,r PROVIDER NAME NUMBER ADDRESS CITY SPECIAL'L'Y ^ APPILIATION 'almer, Inez, CRNA 455-2880 Route I, Box 206-8 ark, Randy, M,D. Argyle CRNA IPA-APf 566--4300 4405 North 1-35 Denton Emergency Medicine IA 'ark, R. Conrad, M.D. 382-8080 4401-A North 1-35, Suite 250 'stet, N, A., M.D., P.A. Denton Cardiology IPA I 566-4651 4308 Mesa Drive, Suite 11 Donlon flemstology-Oncology IPA 'ate3, Jyo(i N., M.D., P.A. 566-4651 4308 Mesa Drive, Suite B 'alterson, Thomas M.D. Denton Psychiatry IPA 387-3991 1728 ~ ,riptur° Uento„ Pediatrics 1 'eek, Roberta, M,S,W., C S.W, 566-4691 225 No., h Locust ' IPA 'orry, L.easle, Ph.D. Denton I sychologistlCounaeling NIP 383-1745 512 West Hickory Denton Psychologisl1counseling NIP 'erry, Richard, D.O, 817/458-4774 400 Bolivar Street, Suite 304 Sanger Family Practice 'hillips, J. Doss, P.T 566-1099 Route 7, Box 105-C , IPA Palo, Linda, Ph.D, f~nton f hysioal Therapist 1L'A-Af°Lr 565-1818 4401-A 1-35 North, Suite Donlon Psychologisl/Counseling IPA-AFP Pouraan, Darius P., M.D. 566-3788 2515 Scripture, Sulfa 200 )ureshi,'ranveer A., M.D. Donlon Anesthesiology IPA 566-2358 4405 North I-35, Suite IG Donlon Cardiology IPA 665-1183 1209 N. Orand Ave, Reynolds, Llxabeth, M.D, Oailc Cardiology IPA 387-6I59 1614 Scripture, Suite 2 Donlon Radiology IPA Robertson, Bruce A„ M.S., L.P.C. 566-3200 1108 Dallas Drive, Suite 333 Denton Psychologist/Counseling MP Rogers, Booker T., Jr., M,D, S66-4095 4309 Mesa, Suite A Rupert, Ronald L., M,S„ D.C. 565-8118 721 1-35E. South, SUlle 140 Denton Anesthesiology IPA Socher, Edward C., M.D. Donlon Chiropractic NIP 383-2345 4405 North 1-35, Suite 13 Denton Urology IF'A Sandal, Mark, M.S.S.W., C.S,W, 382-7456 207 West Hickory Donlon Psychologiol/Counseling NIP Saraiya, Mukesh C„ M.D. 381-0971 2509 Scripture Street, Suite 103-A Denton Internal Medicine-Pulmonary IPA , Saunders, Call P., M.Ed., L.P.C. 382-7456 207 West Hickory , Schulman Ste hen M.D. Denton Iaychologlat/Counseling NIP cn ,r p, 382-9448 4401••A, North 1-35, Suite 260 Donlon Pediatrics IPA Scott, Joseph, M.D. 566 SOrO 1108 Dallas Drive, Suite 300 Denton Family Practice IPA Seabourn, Jolene, M,S, CCC-SP 382-2736 4120 Selene Drive Denson Speech Pathology IPA-AFF Seibert, Olivia V., M.Ed., L,P,C. 566-3285 501 South Carrolf Boulevard, suite F Denton Psychologist/Counseling NIP ~l t \ Seward, Jean, P.T. 566.2460 417 South Lc,cust, Suite 102 Q' Stu possey _ lfekm, M.Ed„ Denton Physics) 9'herapist IPA AFh p t C `v pP- _ LPC 566-4940 529 Malone, Suile I Denton Psychologist/Counselin I 641 i Pago 16 c 4 r. 1 P' C i A . CITY OF Df?N7'ON PARTICIPATING PROVIDERS JrRevuvc061VJI92 Listed Alphabetically --OFFICFt PROVIDER NAME NUM9ItR ADUR}iSS CITY SPECIALTY A11111LIATION Shaw, Samantha D,, CADAC, L.P.C. 566-3200 1108 Dallis Drive, Suite 333 Fychologi She Shelton, S, John, M,D, 898-7400 2509 Scripture, Suilo 200 DonlonN{p Short, Arvin, M.D, 898°7400 2509 Scriplurc, Suite 200 Penton o N'r'MSPA Slo t Lawrence M„ M,D, Denlon y N'TMSPA 383-IS[9 4405 North [-35, Suite A Denton ferti}ily-Obstetric, !PA Smallwood, Kathte B., Ph, U, L,p,C, 383-3336 207 West lrickory, Suite 312 Smith, DeWeee, M.O,T,, O,T,R, 566-2460 417 South Locust Suite 102 Denton Denton al'Tharapy ti/Counseling 1PA ~ Sulak Nancy, P, T, Occupalionr'herq>y IpA..A+hr I 566-5117 625 Dallas Drive, Suite 250-11 Denton Physical Therapist IPA-AI'I' Surprise, Jusnee, R,N,, D,C, 566-0000 1129 Ave C. ''arms, Rajendra K., M.D., P,A, 336-8855 700 1 lemphill, Suite A Fort Denton Chi gistctlc NIP 'Tao, Owen, P.T, 566-5 t 17 625 Dellss Drive, Suite 250-11 Denton nton Physicst Nip Taylor M. Eugene M.D. Physical Therapist IPA-AFI' ' 898-7400 2509 Scripture, Suite 2(10 Denlon I'smily Practice , The University Medical Group 469.8900 259 G, Arkansas Lane, Suite 190 Arli NP A The University Medicnl Grou ngton Iramily Practice NIP P 751-2221 2816 Central Drive, Suite 150 Bedford l7nmily Practice NIP 'The University Medical Group 382-7881 2324 San Jacinto Wvd,, Suite 211 Denton Family Practice NIP The University Medical Group 924-1991 3750 S. University Drive, Suito !01 Ft. Worth Family Practice Nil' The University Medical Croup 2141570-7007 3626 N. MacArthur Dlvct., Suite 200 'Thomas, T.),, M.D., P.A. Irving W Practice NIA 383--1581 4401-A, tJorth 1-35, Suite 380 Denton Uroologlogy IPA Valli, Debra Ann, M.D. 898-1477 2513 Scripture, Suite 201 Vosnvada, N.M., M,D„ P,A, '214/22!-1711 541 W. Main Street, Suite 140 1.ewisvDcntunllla Pediatric, Psychiatry NI{, Vehyos, Edward, MA). NIP 365-0600 4308 Mesa Drive Denton Rheumatology/Arthritis IPA ' .7 V,,{a, Mickey, M.D. 566-3716 4401••A North 1-35 Suite 220 s; tri Wahierl, }I, Charles, M.D. Denton Anesthesiology IPA 898••7400 2509 Scripture, Suite 200 Denton Internal Medlcino Walsh, Katrina, M 382-6190 4405 1-35 North, Sulu C N'TMSPA Ward, Carl A,, Ph. D, Denton dynecology-Obs(etric, IPA j 2141235•-7160 6750 llillcresl Plnxe Dr., Suite 221 "),tins Psychotherapisl Nip 1 Washburn, Catyl, O,T,R, 387-9089 Route 7, flex If':;--C t~ Wasserman, Alan S., M,D, 565-1100 440.5 North 1-35, Suite 1) Denton Gyn Oynon ecofugloge y-lnfetlili nferIMy IPA AI'} ty - Ubslelrics IPA I Wasson, Pew, ('CC, M.S, 566-5117 625 Dallas Ddvc! Suite 250-13 tJ) Denlon Speech Pathology , , 1'l10a 16 AI [ 5 r. I CITY OF DENTON Effective 061011Y;! PARTICIPATING PROVIDERS Listed Alphabetically t UNPICE ~ OFFICE r OltfrlCE PROVIDER NAME NUMBER ADDRESS CITY SPECIALTY AFFILIATION Wedgeworth, Richard James 11, M.D. 566-4095 4309 Mesa, Suite A Denton Anesthesiology IPA Weinberg, Stephen A., M.D., P.A. 566-2440 4401-A, North 1-35, Suite 180 Denton Orthopedic Surgery IPA Whitmer, James O., D.C. P.C. 565-1501 4218 1-35, F-North Denton Chiroprsclic NIP Willson, Marcia 0. 566-2460 417 South Locust, Suite 102 Denton Speech Pathology IPA- AIIFT WIIson, Ronald T„ M D, 565-1100 4405 North 1-35, Suite B Denton Gynecology-fnferlIIIty•-Obstetsics IPA Pte' Wolski, Edward, M.D. 566-0215 1701 Broadway Street Denton Family Practice IPA Yestis, Linda E., M.D. 565-1565 2324 San Jacinto Blvd,, Suite 219 Denton Family Practice IPA Zot k, Nanc , D.O. 387-0590 4401 A 1-35, Suite 3 _ Denton IlemalnIpjj OnaiLop IPA 31 i\ 1W Pago 17 l • ll ?i 1 III. PROVIDER INFORMATION NOTI=S. a City of Denton Hosplla* Prlmarv HCA Community Hospital Denton Reglonal Hospital 207 North Bonnie Bra6 4406 N. Interstate 36 Denton, TX 76201 Denton, TX 76201 Note, For Services that CANNOT be performed at the hospitals listed above, please refer to the tertiary list below. Tertlary Harri,Welhodist Harris/Methodiel H-8-8 Humama Hospltel - Medical City 1301 Pennsylvania Avenue 1600 Hospital Parkway 7777 forest Lane Fort Worth, TX 76104 Bedford, TX 76022 Dallas, TX 76230 ry Wy~~ Page 10 t~ i r. f 5 Aw+rtla No ~~renda Itenr.__~ PRQPO8E11 g$HEFTTB I2EDUOT'I0D}8 025) Exhiai xr ~a-g~~an ehe~q~ 1,. Reduce current Lite Time Maximum from unlimited to $1M 1.3% 2. Implement pre-Existing Conditions limitation 3. Change Prescription Drug Pram: ~ 3/1.0 Copay + $1.00 deductible, to 5/25 Copay $150 deductible 4. Progr xmplementam Managed mental t:ealth/Dru 1.5$ (I8N) g Abuse a 3,7* change annual deductible fromr $250 to $500 - Network $500 to $1400 - Non-Network Eliminate F'6~ I $50/day inpatient Copay change hospital Emergency Room/out { Patient Copay from $50 to $75 Change coinsurance from: 100/70$ to 100/60% . change out-Of-Pocket maximum $1000 to 2,000 (Network) an fromr $5,000 to 6,000 and (Non-Network) 6. Change physician payment: as follows: From plus $15 ocpay, 100% coverage to $15 eopay, $50 copay for any other service, 4. 9-t The $15 capay covers office visit only. The $5o Copay covers diagnostic tests, allergy test:, etc. Total, bonetits reduotioh required to aahiOVS a 15% rate increase Ueducti.ble and $50 co a 22% annual out-Of-Pocket Maximums t!hyc~ic.tan office snrv}. cc+e app.iy to t y , f ii0a Nn ngontla ltem_._ _ 3 . EXHIBIT II PHILADELPHIA AMERICAN LIFE 1993 SCHEDULF OF BENEFITS 1 CITY OF DENTON SERVIS3 N=2 wu f~ 1JON•NE'IWORK Physician's Otflaw V. $15 per vlslt Deductible plus 30% Ous any amount schedule over schedule, $1s per VIM pin $so copay Deducthk k p~ any amount for other rervlce~ N arry, over schedula 4 : Preventive Care " Well 9aby (Recornmended $15 per visit, Not covered 56*ule) Not covered, ;15 per vbk plus $sQ capay for any servkes dyany, Roudne Immunlzatlons $15 per vislL Not covered, $1,5 per vhk plus $30 copaY Not covered, for any servke4 h' any' Annual Hea, A Assessunent $15 per visit, Not covered Lmployoe/Covered 5pou93 35 years or older $t 5 Per vlsk plus Sso copay Not wvemd, Includes: Chest X•Ray, far other servkke4 !f any, Urinalysis, i:KC, Blood tosting, Notes proposed plan in bold itallics. -2-• w c Y. Nonda No. _..,.619 Agenda lteni___ rwORK (~O~{~ETWORK Well Woman Exam Annual (once every 12 $13 per visit Not covered. months) $1s per vkM pkr $so copay Not covered for other seryke; Nang, i Routine Vision, Speech, Hearing Screening 0 through age 17 $15 per wait, Not covered. $IS per vkM pks $so rapay Not covered , for other serykee Many. ln-H'i»pital Services (1) No limits on medically $30 per day up to '10 days, $300 per admission necessary days deductible plus 30%. (7) $Soo deductlbleo too% $300 per *dmksbn deductkk phu the Harr network dedud bk pAn 40%,(7) Must be prreertifted by Intramp (1) Sem4 pdvate room All necessary hospital services Outpatient Hospital Services Surgery or Troatment $30 per visit, Deductible plus 30 9t, of eligible charges, (7) I ;7S per vlsk 100% bedadble pkn,, OO% of elobk chuger (7) -3 t r. . i ~t 1 A Agenda ltem._,.. /,4) , LM ED&2U M NQN-NEWOKK 9 vfatemity Care Physicians Visits $15 per visit Deductible plus 309 of schedule plus any amount over schedule, $is per vbh phn $so copay Dedrr 0k pArs 40% of kr other servkey K any. 4 ok Aims v W .mount y sat-HosplW Services $50 per day up to 10 days. $300 per admission deductible plus 30% of eligible charges. (7) 4 $Soo deductlbler too% $300 per adrnA+slon deductible As nom networ#r deducible pAn 40% of efigble chagea (7) Newborn Nursery (2) No additional copay. 30% of eligible charges No additional copay. 40% of eliglbk charger physiclans Services for Covered Not Covered Newbom Emergency or Urgent Care (Irt case of Accident or Suddon and Serious Illness) Hospital Emergency Room $50 per visit, $50 per visit. or Urgent Care Facility (3) $7S per Yhk 100% $7S per vhk 100% Phy3iclan's Office (3) $15 per visit, $15 per visit, $15 per visit plus $50 copay $15 per visit plus $$o cry for other servkes, N any. pay Am oilier servke4 if any , y, I . I NontlaNo..._~~_.~ I ncieada iiflm._._~~ r SERVICE Neoax XOU PAY Not+N RK Mental 11eaUh/Substance tkbuse (Serious mental Illness or Sub- stance abuse) Physiclan's Office (3) $15 per visit Deductible plus 30% of schedule plus amount in excess of schedule. $15 {set volt plus $50 copay Deduc&k pleas 40% of br other sewkew N any. schoduk piw arrowst In were of adssssktk. In the Hospital (3) $50 per day up to 10 days, $300 per admission deductible plus non• netwurk plus 30% of eligible Charges. $500 deducttblk 100% $300 per admkebn deducttbk pkn no* network phns 40% of ellglbk chages. Phyilcai Therapy (4) $15 per visit, Deductible Out 30°rb of eligible charges, $ t s per visit phis $50 copay Deductible pkts 40% of for other servkesr Pony. of ellatbk VhNgft Family Planning Based on Service provided, Not covered. Infertility Services $15 per vlslt. Not covered. $ts per visit pits $so cupay Noe covered for other sewk" If any. Detection & Correction of Body $15 per vislt. Deductible plus 30% of Distortion (S) eligible charges. $!s per vlslt plus $50 Copay Deducible phrs 40% of for other servkesr If any. ellgllile charges, \ -5- c t Agenda ften~...a991_S__D'~~~ SERVICE NEB YOU _AAY Prescription Drugs (6) $100 deductible; $3 copay, Plot covered. generic; $10 copay, brand, $150 dedWtkk $S copay, Not cova+rd denerkj $IS coper, br.VW' Maintenance Druga Up to 100 days supply; oiie copay, Not covered, All Other Eligible Services Deductible plus 20% Annual Deductible $250 plus a $100 drug deductible, $500 $500 plus R $10 dais deduc,*& $I,0o0 I Coinsurance" $1,000 30% up to $5,000 plus amount In excess of per dlems & schedulos, $2,000 {not lncituding $15 ofte 40% up to $6,0o6' pin { Vh1t caps!'/ +unount Al excea Oper dlerm d, schedulk Lifetlme Maximum" Unlimited Unlimited $IM $1M "Farrdly Limit Is three (3) limes Individual maximum, put oi45ervlce Area Resldonts For covered persons who reside outside service are (5amlle radius of City of Denton) plan of benefits Is $500 deductible plus 80% of eligible charges up to a $2,000 out-of-pocket maximum, Important Notes; 1. An additional $500 deductible will be appPed if a hospital stay is not pre-cortlfied by Intracorp, No benefits are available for days which are not determined to be medically nec,©esary. 2. No additional copayments are necessary while mother and child aw confined ai same time, 3, An additional $500 deductible will be applied If a hospital stay is not pre-certined by Integrated II Behavioral Health (1811), N, benefits are avail,oble for the days which Are not detnrrnined to bn medically necessary, 1. /gooda No..__l1a EXHIBIT III PALICO HEALTH INSURANCE PREMIUMS CURRENT EMPLOYEE PREMIUM RATE Enrollment current Employee City's coverage cost cost Employee OnlY 381 $10 272 107 186 Employee + Spouse 83 236 70 166 a Employee + Children 179 340 176 166 Employee + Family 184 807 CURRENT RETIREE PREMIUM RATES RETIREE IOF. -u NKIW~Y COST $237.06 Retiree Only 468.03 Retiree and Spouse 370.16 Retiree and children 681.01 Retiree and Family nctTRFF 86 QR 0Y~13_S~i_~€12~~.1 ~~-Y~~I 80.49 Retiree Only le4.98 2 on Medicare 337.64 1 on, 1 off 493.00 1 on, 1 off + Family 326.40 2 on + Family -1- t 1 i r. DD ~ ~ 1 Nonda No, Agenda Itefl~_..~-~-.-.6 12 W..__ RAO =1IBIT III /D~j'►'~/~ PROPOSED EMPLOYEE PREMIUM RATE FOR 1993 Coyerage *Enrollment New Rate Employes City's Cost Cost Employee Only 361 $201.28 $11.60 $189.15 Employee + Spouse 83 312.80 123.06 189.75 Employee + Children 179 270.26 30,60 189.76 Employoe + Family 184 391.00 201.25 189,75 807 PROPOSED RETIREE PREMIUM RATES FOR 1993 I $KjIREE(L I&UJ 6M l~MTl11 I Retiree Only $272,62 Retiree and Spouse 626.13 Retiree and Children 426.68 Retiree and Family 646.16 l ~6_ AR OyEls c1 ffxc-_A91 "W&Y.10 111 Retiree only $ 92'66 1 2 on Medicare 189.73 I 1 on, 1 off 388.62 1 On, 1 off + Family 688.96 2 on + Family 375.36 palrat93.prn -2- l I < r: C. :~=~C4UNCIL T: T - - - - TMT Ta" MT: -Y ltttl 11 ODaproUQO ppp0p o~p e a ppp spa rip..: l G t d G 7. r, DATE: 10/26/92 CITY COUNCIL PFiQRT A~)(rids No, nc~endaitanr~~ ...I. T0: Mayor and Members of the City Council RiN FROM: Lloyd V. Harrell, City Manager ff!! SUBJECT: PLATTING PROCESS R~E(OMMENDATION: Continue the process of adopting an ordinance amending the Subdivision and Land Development Regulations, Chapter 34 of the Cade of Ordinances, in accordance with attachment 1. Ai S_.UI RY I F~ Attachment 1. AMrove if__ cc ord n _tu_LaW•__ council's ole., 1. State law embodied in chapter 212 of the Local Government code requires that plats must be approved if they comply with { adopted regulations. See Attachment; 2, an excerpt from Chapter 212. 2. Council makes the regulations. 3. Plat approval is an administration act. It is not a policy making or a legislative act. Accordingly, and in order to streamline the process, it has been recommended that council need not consider plats. See Attachment 3 for others' rules. 4. There are ).imited areas in which judgements or findings are required when the application of the regulations are not precisely or numerically spelled out. For instance, with respect, to the a) approval of variances to the regulations, ' and b) determination associated with the "reasonable nexus" doctrine. a, variances. The consideration of a variance to the regulations is a quasi-judicial act. The criteria for approval, of such variances are embodied in the regulations. For example, the variance approved two weeks ago concerning ROW dedication on Pacific, b. "Reasonable nexualt doctrino. Requirements to provide improvements to property being developed must be reasonably related to the need crested by the development. For instance, in a case now under review, the Development Review COTWittee is recommending that Loop 288 highway corrstruict.ion not be required for development of radio antennae. . 1-09~ -Owl c. City Council Report Af3entldit911~.__ Page 2 Development iil,_oJ1derAre4r ~RedQv_elobmerrt_ In order to facilitate the development and redevelopment of older parts of Denton, to streamline the development process and to eliminate unnecesary regulation, it is recommended that unplatted land which was subdivided before Denton adopted subdivision ` (platting) regulations, and upon which a single family house would be built on an existing street not be required to be platted. SGe items numbered 8 and 9 on attachment 1, The Planning Director, City Engineer., and Assistant City Attorney are currently reviewing ordinance language which would embody the items listed in attachment: 1. )_369Z0_ UNP : 1. P&Z and Council indicated to staff by consensus in work session in the spring of 1991 that development of an ordinance according to attachment 1 be continued, 2. Council reviewed these concepts in the context of the Goldfield plat briefing, in work session, on April 21, 1992, 3. On October 20, 1992, Councilmembers Hopkins, Perry, and Brock asked for information concerning the issues herein addressed, 1 4. The elements summarized in attachment 1 have been urged in many briefings with development interests. The latest briefing was October 23, 1992, At that meeting there was a suggestion that P&Z denied plats should be appealable to Council. Previous legal advice concerning this appeals procedure characterized it as "questionable", unless all plats would be reviewed by Council. 1'ROGR MS _ D vPJ~RTI~~ N2 5 ot3 c~?oUl?s ,'~r 1?ECTAD : Developirent interests, FiCAL -M Af~7,,I None. Y. =s &313nda Nu. City council Report Adafl~aIIBRL~ Page 3 11-' lbfo Respeccfully submitted$ Prepared by: 4od. Harrell ~v City Manager ? 9 I Frank Robbins AICP Executive Director Planning and Development Attuchments: I. Summary of Amendments 2. standards for Approval inLGC. 3. Others approving bodies, AXY0022A Y 1Y'F. 'i 4 !t , rt 1 AYTACNMENT 1 PLATTING PROCESS AMENDMENTS summmy a fMAT Is 27 Oct, 92 PROPOSED _ RATIONALE _ 1, "Minor Plats." four or less lot Decision by P&Z, Staff approval. PAZ to deny, subdivision with less than 5,000 AD7 and New enabling legislation. Eliminate no utility or read extensions. redundancy, save time. 2. Ono or two family replats with public Decisfon by Council. PAZ hearings, Eliminate redundancy, Save time, 3. Other replats, not minor plats. Decision by Council, P&Z 4, (Major) Final Plats. Decision by P&2. PAZ 5. Prelimfnnry Plats, Decision by Council, staff approval. PAZ to deny. Preliminary peat with Cit Eliminate redundancy, Save fink, y participation. Decision by Council. Staff, Council will still approve participation Eliminate redundancy, Save time, expenditures. Council should know about and approve funding in support of development, 6, Variances, Decision by Council. P&z 7. General Developmnt Plans (GOPis), Decision by PAZ PAZ Eliminate red ndancy, Savo time. 8. Development on a single tract subdivided Required to plot. Platting not required. No change. I pr or to January 1, 1960 (before Denton Decision by PAZ or gully and fairness. Infrastructure in i had subdivlslan regulations). Council. place, 9, Single family or duplex development on a Required to plat. Required to plat. No further exactions, singto tract with streets, utilities, and Decision by P&Z. Development exactions (rely to meet new drainage in place, generated, 10. Additions or atterations to an existing Required to plat. Platting not required, building, no drainage, street, utility, Decisfon by PAZ. Development exactions only to meet additional parking, curb cut, or street need, Property (Ines are known, access changes reeled, 11. Subdivision or deve(opoonr. In the Platting and exactions Plotting not required, extraterritorin( jurisdiction, on a required. Decision by Consistency with Attorney General dedicated road, no utility -tensfons PAZ or Council, opinion 1100, necessary, 12. Subdivision, no development, inside city Platting and exactions Conveyancs plat. No exactions, Inf(rmatfonal notes on Development not yet ocourringH limits OCU, larrd sale, Lot size between required. Decision by the plat about requirements for final (at and t 5 Anil 39,9 acres, PAZ or Counc{L, exactions, p pesslbio exactions not necessary, Con1lyslnaj sale 13, Stw 0 lion, no develoornent ICL, (and platting and exactions Platting net required, platting information to huger , h, ).ot size 40 or more acres, required. Decision by buiNolding, demand f so or lot l of Infrastructure. not lines not Nom PAZ or Council, eae'ly. Forty (40) acres from negotl to between developers and W 1 19 1 AAAOOD, of i 4v I r. I 1 PLATTING PROCESS AMENDMENTS SUMMARY 27 Oct. 92 VHAT is PROPOSED RATIONALE 14. Subdivision to cut out a piece of a larger Final plot on tract Size of larger tracts 39.9 to 20 acres, If no the smaller the tract, the nearer tract owned by one, within being cut out, General development, tend Wei Wilding is likely to start, and extraterritorial Jurisdiction or city. Development Plan (GDP) - GDP required on larger tract. Infrastructure needs are clearer. on larger tract. - Conveyance plat, if "cut outs" Is at toast five (5) acres in size. - Final plot, it "cut out" is less than five (5) acres. 4 If Development on "cut outlO General DaVelopment Plan on larger tract Final plat on "but out" Implements long-range planning In Size of larger tracto 40 ♦ acres. If no development: private sector. • Platting not required If development on "cut-out:" - GDP larger tract - Final plat on "cut out:" 15. General Oovelopment Plan data required, general Development 19,9 Acres or less. Preliminary plot on larger tract. Plan. Final plot if development or conveyance plat, if no development. Add average dally traffic and storm water run-off data. Comprehensive infrastructure impact could be provided by staff, analysis and long range planning. 15. Article 21. Redovelopment on existing Sidewalks may be Sidewalks not required, Assessment program phrase Encourage Infill, Sidewalks added to lots or tract exactions, exncted. Reqular etiminatcd. list of infrastructure not required. assessment program No aregular assessment program." mentioned. 17. Amending plats to correct errors, Not montluned in Allow as stated in state enabling laws. Conslstoncy with enabling laws, re0ulations, 18. "Residential" replat notice. To all lots within Notice to lot owners within two hundred (200) feet and Consistency with enabling laws. subdivision, unless within •ubdivlsion being replotted, add 20% rule and more than one hundred super-mhjority rule in accordance with state enabling (100) lots, then laws, nonce to five hundred (500) foot radius, 19. Public Improvement guarantees. Required Wort Require before building can begin, Applicable to extraterritorial butIding rm 3, fa jurisdiction platting where b*td~ig issued. permits are not issued. N 20. Amending plats, four (4) or fewer lots. No provision In city ORC to approve as minor plat. P82 to deny. Follow state law, regulations. R~".. 4 21. Amending pieta, five (5) or more lots, No provision In City P&2 Follow state law. regulations, 22. City participation. No bid If City share No provision for Research undarway July, 1992. Soo Section 212,071• Follow state law, ~ Is lass then 308 of total public defining means to 212.074 of LOC. improvement price. Define nerns to determine shoro. v 1 1 dotormino share. G~ AAAOOB50/2 I r 1 Y. .1. r jv,)NdaN9 AZ"1'11Cf1M1 IQ'!' 2 AlianllaRent.___1~ § 212.008 LOCAL GOVERNMENT CODE Planning commission, the governing body of the in its extraterritorial jurisdiction, taking into ac. 1 municipality, count access to and extension of sewer and water Acts 1987, 70th Leg., ch. 149, § I, eff. Sept. 1, 1987. mains and the instrumentalities of public utilities; § 212,009, Approval Procedure (3) a bond required under Section 212,0106, if (a) The mtnlicipal authority responsible for ap. applicable, is filed with the municipality; and c proving plats shall act on a plat within 30 days after (4) it conforms to any rules adopted under Sec• the date the plat Is filed, A plat. Is considorvd tion 212.002, approved by the municipal authority unless it is (b) However, the municipal authority responsible disapproved within that period, for approving plats may not approve a plat unless ,y (b) If an ordinance requires that a plat he ap• the plat and other documents have been prepared as proved by the governing body of the municipality in required by Section 212.0105, if applicable, addition to the planning commission, the governing Acts 1987, 70th Leg„ ch. 149, § 1, off, Sept. 1, 1987body shall act on the plat within 30 days after the Amended by Aots 1989, 71st Leg„ ch. 624, § 891, off'. date the plat Is approved by the planning commis- Sept. 1, 1989, Moll or is considered approved by the inaction of the section 4,02 of tie 1989 amendatory net provides: commission, A Plat Is considered approved by the "The changes in low made by this Act la Chapters 212 and 232, governing body unless it is disapproved within that evilly only to i subdCwlen of trots ctiondl noo2. p l) ty of the to an period tract if Iho tract Is sulalivtded on or after September 1, 1989," J (c) If a plat is approved, the municipal authority 3 212,0105, Water and Sewer Requirements In 1 giving the approval shall endormu the plat with a Certain Counties certificate indicating the approval. The certificate must be signed by: (a) This section applies only to a person who: (1) the authority's presiding officer and attest- (1) is the Owner of a tract of land in either: ed by the authority's secretary; or (A) a county that Is contiguous to an interns. (2) a majority of the members of the authority, Ronal border; or (d) If the municipal authority responsible for ap. (f3) a county in which a political subdivision proving Plata fails to act on a plat within the pre. has received financial assistance through Sub• scribed period, the authority on reque,4t shall issue a chapter K, Chapter 17, Water Code;' certificate slating the (late the plat was filed and that the authority failed to act on tho phtt within the (2) divides the tract in tt Insurer that creator period. The certificate is effective in place of t110 any lots that are intcaded for residential purposes endorsement required by Subsection (e), and tire five acres or less; and (e) The municipal authority responsible fora (3) Is required under this subchapter to have n proving pkuts shall mnintaht u record of each app i. b) prepared for the srb(livlsion. cation made to the authority and the authority's (h) The owner of the tract action taken on it. On request of an owner of an (1) must: affected tract, the authority shall certify the ren' (A) include on the plat or have attached to sons for the action taken on nn appiicnlton. Acts 1987, 70th I,cg., ch, 140, § 1, off. Sept. 1, 1887, the e plat water t a and sewer containing u description of and service facilities that will § 212.010. Standards for Approval be constructed or installed to service the subdl- (it) 'file municipal authority responsible for ap- f CMILlcsltwillsbetfullytOperablettandy which the proving plats shall approve u plat if: (13) have attached to the plat n document (1) It conforms to the general plan of the nnr prepared by an engineer registered to proctlee idclpality and It- current and future streels, al- in this stale certifying that the water and sewer keys, parks, playgrounds, and public utility facill- service facilities described by the plat or on the ties; (lMmnent attached to the plot fire In amnpliance (2) it conforms to the general plan for the ex. Mill the Inodek rules adopted under Section lensicr of the anmiclpality and its ro, da, 1 beets, 16,343, Water Corte; or and public highways within the nalnieipahty and (2) must, 308 i• r r. a Ptd%,r suRvpw RESULTS L71Y _ _ NAT AM'RfNrNO AUl1NN11TY 1 MONNt HAT P11O(7.',N IM AI:SMI(I" b/N'7 YAWNT hdin o-~n I'rrliminaty nlau; PA Znukrs tecommendalinns;, Orincil agwases kraal llma: Altpto YrJ Administroilaly No Minor Plats NONE Mlnur Plats are hn plats with a maslmum of 3 bb; approved l <:nnrlhon P A 2 I, the final rmvmmrndinx laady N O N E admin6lretivdy I'nllgi H1r (}tuft" aplrenes an plw can mtanw allaavda; P A 7. N the renew Pwanl Minor plats must be sppraved by council Some reatrk*m my be Incorporated Into P.C. La Inp. ha1Fn V A Z appnrats all plan Mlnat Plais must be appaowd by 0aancil may par a mrt6sa readudod with resbkakwn Comparable Its Rul Wnnh I A 7: Pevirws and aplncmes Irrllminary plats Staff: Reviews and approves final plats Rmik 4 and approved adminblreN,ely N ON r. f alf, vOte (19mal Appsmes i but Minor FAab L IL l'. Itrvlem 411 but W" flats Minor Mau am fa those plan with as less bra; appm ed adminh[rttl ely NONE Adminlslndve Mimw Plan I'm Non Rnldenllal Flab wiilt l Ids m less t. v arWor lets than 5 ears; sppmved adminlsttailwit, Graud Prsfdr PA Z txdrws and apprnm I'rcliminaty, rl"I and Nuldidsl~n htin,w Plats SuldMsbn Mina M.at Rw Residential Plats with A bra or fex and/or kv No N F. than S anon; appoved fry PA Z; rival and Preliminaryreviewed and W_ appnwed simullancously Ihnntnn P A Z reviews and approm all plats No Mina Plats V-_ A IdW d approval from the florae Ownrn' Aaaoclntion rental be mbmitlsd before the Pool plat will be filed 1ninA (J' Apprises all pWs No hlinur No Is NONE LA I,, Rnfe ws all plats h'rllu P& Z rcdcws and appmm all plats No Mfna Mau N O N P. Y i Irwhdtle P A Z myirws and APMVAS 411 Plats _ No Minor Plan N 0 N P. Ma%innry (iasntal: Appama an Plats Ilesirws all Idols No Mina 3'fets NONE 1'lanu 1' A Z trhrws and apinnsea ail pleiminaty and I'Inai Plan with appeal in Approved Adminlflmllvef Council wirMo 10 days y N 0 N P Rlvhnnt" ()w~ts7] 04110te^K an P No Mirror Pleb NON F. _ Cpl Reviews all plats Sherman ~Zi Nedews(Unll~ph A awn sArs M" Plaft V No Mina Plats N O N E ,s( x Prtllminaly plats the I)iluny (k)umfl AnhHy lWhdved In the rcehs psoons *A ttaard to Arltoksary and Minor Pfau one fnr theme plats [[,a[ have 4 or less lugs; aIMcourt N E r,fw Mab; (ml s neikws ri brad)' all for Imnl R M Innr plots plo aasd Phil fLb N 0 ts ~ !-~adminklretivdy I' A L 8; n Victor, P A Z mvirws and spptuvra all Mn MI" Pinta Minor Plats ate lot than plats with 4 kns or less; aiawoyM ndminhusttwiy NON E m f~ a I ~S r Y. -~-.rte. ~ i - - 1 T COUNCIL 1 T T T-.. I IT- TT T T -TT -1: o~nano 0- o . oo~ o o~ t%-- - 'o c-1 r_ _ _ o _ dp o~ a O T T. OU~ bT ~D = °Qaaaoncun~~0 T :TT T-T t n- IT r: i 1~ l 1 Agenda No. _/_/-6 n~91t lc~ 7~+- .~JJ '~M•- I DAT E;v~rib6'L =02 CTTY_COIJNCIL REPORT TO: Mayor and Members of the City council FROM: Lloyd V. Harrell, City Manager SUBJECT: NOMINEE TO APPRAISAL REVIEW BOARD RECOMMENDATION: None 69-8-M Y-1 Per the attached correspondence, the Board of. Directors of the Denton Central Appraisal District has requested that we nominate a candidate for possible appointment to the Appraisal Review Board. ..a PROORAMB, DEPARTXENTB OR GROUPS_AFFBCTED: None FISCAL IMPACT: None Respe ullly submitted; Lloyd V. Harrell City Manager , Prepared byi / r Ann Forsythe-(/-' Rxecutive secretary kxec ovd F utive birector of Fl.nance AFF003E7 C 4 r r ~{lendaltem___~~s ~.5~ CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM I TO: Lloyd V. Harrell, City Manager FROM: John F. MCGrane, Executive Director of Financo DATE: November 3, 1992 SUBJECT: APPOINTEE'S TO THE APPRAISAL REVIEW BOARD Per your request I have asked for potential nominee's as candidates for the Denton Central Appraisal District's Appraisal Review Board. As you are aware this board hears all the appeals that are presented to the Appraisal District during the months of May and June and throughout the rest of the year a~ appeals are requested. Since this is a very time consuming process during may and June, the individual that serves on the board should be available full- time during these months. Because of these restraints there are a limited number of names that have been forthcoming. They are John Marshall, Hugh Ayers, and Hugh Mixon. Each of these members have a familiarity with local. government and the Denton Central Appraisal District. However, at this point in time I have not contacted any of these individuals to see if nomtnated would they serve on the board. If you have any questions on any of the above, please advise. ,7Mi lb APP00408 r 8171566.8200 DIFW METf?O 434.2529 Y. 14 , 't 1 Noma No, ( DENTON CENTRAL APPRAISAL. DISTRICT J911 9TT/EET V 0 Box eox7 ~ C1 E777077. TExds 14202 ~ GI IY 111;Fh;Uii N M E M 0 A TO, All Jurisdictions FROM? DCAD Board of Directors ¢ DATE, October 13, 1992 SUBJECT, Nominees To Appraisal Review Board Members The Board of Directors of the Denton Central Appraisal District requests that your Jurisdiction nominate a candidate for possible appointment to the Appraisal Review Board, To qualify for service on the Appraisal Review Board, a person must have lived in the appraisal district for at least two years prior to taking office. Members serve two-years terms with approximately half the member's terms expiring each year. Terms begin January first, The law prohibits certain individuals from serving on the Appraisal Review Board, Appraisal District directors may not serve. Neither can officers or employees of the Appraisal District, a taxing unit served by the Appraisal District, or of the Property Tax Division of the Comptroller of Public Accounts, An Appraisal Review BoF.ard member who has served all or part of three previous terms cannot be reappointed. Members who can not serve again are Charles Gladden, George Hardesty, Jr,, W. C. Hendr.ixson, John S. Taylor, Lewis Jones, Virginia Hicks, and Marilyn Klir, Please return the name of your Jurisdictions nominee by December 1, 1992, Do not confuse Appraisal Review Board member nominations with Board of Director member nominations, +t' c CI`T'x COUNCIL s ~~ooo~°ao~ ~ U 6 000 - o D ~'~oQOaoaaaa°°°° r. K l ty [4 1 ~andu A'a _.l.,~3 It ~oo~dattenr-_~t~' ;+~"(a; r CITYCOUyIC DATi'' November gq?` TO: ,.L 1Z-•EPORT atla Mayor and Members of the City Council. V FROM; Lloyd V. BlArrell, City Manager SUBJECT: SURVEY CONCERNING CHANGING DCAD'S FISCAL YEAR REC9JW.NDATTQX: None. By-MA- Y: Per the jurisdictions to determine thelel n of 6u' the DCAU is surveying S fiscal eptemberear from 7anuijry levthrough Decembe ~r to oOctobeging their 'In through PRO(-RMB. DEF_ AFtTXg?j S Ok ~ROUPB AFFEC E None I~ 1 TBCAL TMpAQT; Nang 1 RespOc tfully submitted: L1 Y Harz-ell City Manager Prepal'od byl / Ann F'orriythe Exeou ive Secretary ~,•ti,~ , ApprovedI John p, Mccrane Exacutiva Director of Finance [/f, c GJ J/l L.~ F00902 n" c r`I J II r 1~ I BUDGET/FISYEAR2.WPF _ DENTON CENTRAL APPRAISAL DiSTRiCI' I f f rrrr - ' 3911 MORSE STREET P.O. BOX 2816 II Q t? OENTOf TEXAS 76202.2818 L 817-566 0004 - ca s 4 M E M O r Tot Chief Administrative official of Each Taxing Jurisdiction o Eligible to Vote Oil Appointment of DCAD's Board Members FROMr Joe Rogers, Chief Appraiser DATEr October 20, 1992 SUBJECTt Survey Concerning Changing DCAD'S Fiscal Year DCAD'S staff and Board members have been discussing the benefits of a change in DCAD's fiscal year so that DCAD's fiscal year will coincide with that of a majority of the Jurisdictions served, Staff's recommendation is to have the fiscal year., begin oil October lst, In addition to the obvious benefits of DCAD having a fiscal year that parallels the jurisdictions, this action would benefit the Jurisdictions in their budgetary process, Currently, taxing jurisdictions have to use an estimated amount for their budgeted appraisal district expanse, If the change in DCAD's fiscal year OCOUI'S each jurisdiction will have an exact amount available for budgetary purposes. The difference is generated by using the previous year's actual levies to calculate each Jurisdiction's share of DCAD's budget rather than estimated levies, Information pertaining to changing an appraisal district's fiscal year is found in Section 6,06 (1) of the Property Tax Code, a copy of which is attached, The Code is explicit that the authority to change an appraisal district's fiscal year is a right of the taxing Jurisdictions to whom this memo 1.9 being sent, DCAD's Board can not change the fiscal year, However, DCAiD's staff will provide assistance to the Jurisdictions as needed in this matter. Attached is a survey concerning the fiscal year change, The survey is strictly informal and is intended only to determine the level of support for the change. A jurisdiction is not bound by their response to the survey. Accordingly, a staff member should be able to complete the survey, Ro e~ s / v ~ k K. e7a-fu ' 5 t +i 1 j A At1nnUR~VQ~,~,~~~?~3 SURVEY TO DETfl rtanndaltAm ~~r~~/, YEAR TO RMINX THE LEVEL, OF N HAVE THE FISCAL YEAR BEGIN OCTOBER , lkata _ -y! IN CHANGING DCAD 1ST 'S FISCAL 3 Name of Q Jurisdiction It is below probable that this jurisdiction will 1 !check either 1 or 2 2 support aschhan e !n DCAD's fiscal year, a will no p t $ change in DCAD's fiscal year, Name of Respondent please return the survey by November 2nd to, Joe Rogers Denton Cental Appraisal District R,O, Box 2816 Denton, Tx, 76202 \y t i r. ' s .,N r 4i ~ (t J Property Tax Administration Sec. 6.06DrtoodaNo, Atienda Itoln._LCJS.. payment-sofa newly formed taxing unit that has nosourceof funds arcgt,hto / ,ZJ postponed until the unit has received adequate tax or other revenues. (i) The fiscal year of an appraisal district is thecalendar year unless the governing bodies of three fourths of the Lazing units entitled to vote on the appointment of board members adopt resolutions proposing a different fiscal year and file them with the secretary of the board not more than 12 and not less then eight months before the first dayof the fiscal year proposed by he resolwions• If the fiscal year of an appraisal districtischanged under this subsecuon,thechiefappraiser shall prepare a proposed budget for the fiscal year as provided by Subsection (a) of this section before the 15th dayof theseventit month preceding the first day of the fiscal yeor es tabiished by the change, and the board of directors shall adopt a budget for the fiscal year as provided by Subsection (b) of this section before the 15th day of the fourth month preceding the first dayof the fiscal year established by the change. Unless the appraisal district adopts a different method of allocation under Section 6.061 of dais code, the allocation of the budget to each taxing unit shall be calculated as provided by Subsec- tion (d) of this section using the amount of property taxes imposed by each pan icipating taxing unit in the most recent tax year preceding the fiscal year eswbl ished by the change for which the necessary informa- tion is available. Each taring unit shall pay its allocation as provided by Subsection (e) of this section, except that the first payment shall be made before the lirst dray of the fiscal year established by the change and subsequen(payments shall bemadequarterly. In theyearinwhich a change in the fiscal year occurs, the budget that takes effect on January 1 of that year may be amended as necessary as provided by Subsecton (c) of this section in order to accomplish the, change in fiscal years. Q) If the total amount of the payments made or due to be made by the taxing units participating in an appraisal district exceeds the arnount actually spent orobligaled to be spentduring the fiscal year for which the payments were made, the chief appraiser shall credit the excess amount against each tarring unit's allocated payments for the foilow• ing year in proportion to the amount of each unit's budget allocation for the fiscal year for which the payments were made, Ita taxing unit that pad its ellocated amount is not allocated a portionof the district's budget for the following fiscal year, the chief appraiser shall refund to the taxing unit its propartionatc share of the excess funds not later than the 150th day after the end of the fiscal year for which the payments were made. 53 Av 17 . it :CITY COUNCIL . 000 + ro pp0 ~ , oQO ~ 000..:: - p xa.=- a o OOO ~ ti ~ rq UpO - °0ooono~co r, i ,a r~~naa No. _ 22 CITY OF DENTON CITY COUNCIL MINUTES'IQ OCTOBER 20, 1992 The council convened into the Work Session at 5:15 Civil Defense Room. p.m. in the PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members w Brock, Chew, Perry, Smith and Miller. ABSENT; None j i 1. The Council convened into the Executive Session to discuss legal matters (considered intervention in Dallas sou t Igyx cibal Utility nigrriGt v. -----D park____C.itles ?:apevinereal estate and personnel/board aa]1~s and Citv of ppointments. 2. The Council received a report and held a discussion regarding the University Student Ad-Hoc Committee and gave staff direction. Jesus Nava, Assistant to the City Manager, stated that the Committee had met on several occasions and had discussed potential projects. Jennifer Blanton, representing TWU and Chair of the committee, stated that the Committee would be meeting once a month to discuss various issues. she suggested that the Committee meet with the Council near the end of the semester to receive a report on their progresv. 3. The council received a report from a);d held a discussion with Chuck carpenter, President, Denton Chamber of Commerce, on the status of the Peterbilt employee relocation, i This Item was not considered as Mr, carpenter was not able to attend the meeting, 4. The Council received a report and held a discussion regarding the addition of an Enrichment Program for the Children's Programs After School Action Site program and the Martin Luther King, Jr, Recreation Conter's Kid Connection direction. program and gave staff Lloyd Harrell, city Manager, stated that former Council Member Jim Alexander suggested adding enrichment activities to the After school Action Site programs, staff would be presenting those ideas to counoil for their consideration. In addition there was a strong need to add an additional staff position, a recreation leader, for the Children's Program whether the enrichment program was approved or not. Alicia Mentell, Superintendent of Leisure services, stated that there was a need for a recreation leader in this area. In 1985 there were 250 participants and in the current year there were 400 participants. The Wilson, Sam Houston and Rayzor sites had been C r. Lr a i n0onrla No..._...:3 . NIL City of Denton City Council Minutes October 20, 1992 Page 2 increased for additional enrollment. Another recreation leader was needed in order to maintain the current quality of service for the program. The new position would be funded exclusively from the $10 per month fee increase to participants in the After School Action Sites. This fee increase was implemented during fiscal year 1.991- 92 anti had expanded the Recreation Fund's revenue base so that; the addition of a Recreation Leader in Children's Programs could be adequately supported. Two options for enrichment were explored. Option 1 addressed the exclusive use of Texas Woman's University e volunteers for implementation. Option 2 proposed 1,040 instructor hours, reporting to the Children's Programs Supervisor to implement the program, plus the use of TWU volunteers for the MLK Kid Connection program. Mentell detailed the pros and cons for each f option and a detail of the budget breakdown for the program which was included in the agenda backup. Possible enrichment activities included tutoring, arts/crafts, tumbling, and environmental activities. Activities considered were ones which could be implemented on site. The program would still be able to be provided free of a charge to the Kid Connection Program as there would be no cost for the use of the TWU students. Licensing requirements mandated that all staff and volunteers working at the Action Sites have a criminal history check done. The use of the TWU volunteers would add approximately 36 such checks while the paid positions would only add approximately 4 checks. There would be no checks required at the Kid Connection site as it was not part of the licensed program although it maintained the same standards as the other sites. Staff was recommending option 2 for council consideration. Council Member Perry asked for a detail on the budget proposal. Mentell replied that the formula was: $5 x 350 participants x 9 months $15,750 1,40 hours x $10 instructor fee (10,400; Supply costs at $500 x 10 sites Li, ON! Balance of $350 when completed $ 35( Based on the survey results, 100% of the parents surveyed were in favor of adding an enrichment program. Of those parents, 70% were willing to pay $5 or more for the new program. Council Member Chew asked for a clarification of the first paragraph on the staff summary report. He had a concern with the exclusive use of volunteers at the Kid Connection program. Mentell stated that the Kid Connection program at MLK was a free, drop-in program with no costs associated. Kid Connection was A i, r /~aiid9 Nr~ 7.°~ n(tentlaltun)---pp Z-_... City of Denton City Council Minutes October 20, 1992 Page 3 G currently beginning it., third year of operation as a federally- funded community Development Block Grant program, The use of the TWU volunteers for the program at this one location would eliminate the need to assess a fee to the participants in the kid Connection program. A City Manager Harrell stated that an option would be to ask the Community Development Block Grant Committee for additional funds in order to use paid employees rather than volunteers at MLK. fr Council Member Chew felt that before the program went any further, that option needed to be explored. Council Member Perry asked if parents would be able to afford the additional cost of the enrichment program. Mentell replied that the current: fee was considerably less than what would be paid in the private ,sector. The affordability of the program was possible due to the joint venture with the School District. The District did not charge rental for the facility, custodial use or utility charges. A survey done with the parents indicated that they would be willing to pay at least $5 more for the enrichment programs. City Manager Harrell stated that it would be possible to go back to sites and discuss with parents the proposal and the associated fee to get more current feedback vn the issue. Council Member. Perry stated that he would like to enlarge the program and make it available to more children. Vente.ll stated that there were license requirements in which the State limited the number of children at each site. The cap was dependent on what the State required. council Member Brock asked if the scholarships were funded by adding more to the cost for the other students. Mentell replied that the budget, was broken down to a minimum participation rate and the other students were not subsiOizi.ng the scholarships. Council Member Brock asked to what extent the program was ,self- supporting. Mentell replied that the program was totally funded through the recreation fund which meant it was loot solf-supporting. . u ,r I r u ~lpontla Ns. _~a 3~3 City of Denton City Council Minutes October 20, 1992 Page 4 Mayor. Castleberry asked how many children were served at the King w Center. Mentell replied that there was a maximum of 50 participants per day. The program began as a licensed program where the students had be to registered, That program was not meeting the needs of the community and the parents asked to have a program where the students could be on a "drop-in" basis. The program was changed to accommodate those requests: and the first 50 students who came per day were allowed In the program for that day. The average participation was approximately 35 students per day never been anyone turned away from the site. p ' There had Council Member Miller asked what was the range of number of students at the various sites. Mentell replied that the minimum was approximately 34 and the maximum was approximately 68. Council Member Miller asked it ie quality of service would be the same at a larger site versus a amaller site. Brenda Burton, Children's Program supervisor, stated that at the larger sites, staff would work as an assistant to the enrichment instructor. It may be that the activity would have to be divided among the group for larger school sites. Council Member Miller stated that he wanted to be sure that the same service would be provided at each site as parents were paying the same amount, of fee at each site. He questioned whether a criminal background check should be done for MLR as was done with the other sites. Betty McKean, Executive Director for Economic Development/Municipal Services, stated that they were unable to do the criminal investigations in the non-licensed program as staff did not have a legal access to the system used for the checks. Council Member Chew felt that a check should be done at all centers. Mentell stated that the MLK program was originally a licensed program but the parents indicated that they did not want the formality of a licensed center. They wanted a drop-in type center rather than a formal center. council Member Chew stated that he would like to review the formal feedback from the parents regarding that decision. e City of Denton City Council Minutes 7 October 20, 1992 v{ Page 5 t Burton stated that when a program was licensed, children in the Program could not mix with children who were not ch At MLK there was a difficulty the with the openness of the program and other children at the Center. Attendance at the site dropped the when the structure became too rigid so the peed 4 Pro order to accommodate the parents and their needs, was redefined in M ayor Castleberry stated that there were two or three questions which Council would liked answered before it made any decisions on the rogram. MLK Center. He also asked about the possibility of licensing the council Member Smith suggested a town meeting at the King Center to i discuss parents needs, 5. The council received a report and held a disco:>sion regarding a proposed new route, advertising, and Possible service expansions for 4nublie transportation in Denton and gave staff direction, Catherine Tuck, Administrative Assistantt reseed figures for the elderly/handihop riders. The figuresthad increased stearl.ily over the years until the introk ,.:tion of the trollies. The current routes went to many more places and the riders were able to use the trollies rather than having to use the door-to-door service. Tuck detailed the current routes and a proposeedDnewrteparmeoutnte which would travel, near the Denton State school and th of Public Safety building as well as ^,xposit.ion Mil if Council saw any other points ls. which needed to be addressed asked Council Member Brock asked if the number of vehicles and the aruount of expenditures would double if there were a back and forth type of service, i Tuck replied that that could not be done at the current time but was a consideration for the future. It would be the next logical step to reverse the routes in the future rather than add another route. Another issue was promotion of the system. Added emphasis would be given to promote ridership on the routes, It was felt that a professional would be most qualified to e sit system and $5,000 had been included in the 01093 tgrantanfor advertising and promotions. Interest letters were sent to both university marketing depart.mentL as well firms, some specific needs included new route maps, advertising spots in the appropriate media, and promotional ideas, A tthird area was out-of-Denton trip requests, Before the city became the designated recipient of federal transit serving the entire County with one .;ystem.gzWith theA19;O census figures and the t!,o new urbanized areas, there were three systems \ r City of Denton City Council Minutes October 20, 1992 Page 6 within Denton County - the City of Denton, the city of and Denton County (outside Denton and 'Lewisville).f L SPAN i}iad received requests from a number of Denton citizens (who were 60 years or older) to take them from a Denton origin to a destination outside of Denton. This service was previously available to the a elderly before Denton became an urbanized area. These requests were to take citizens to and from employment in the County, to medical facilities in Lewisville, and to visit friends or relatives in various areas outside ;)enton. The Federal Transit rf Administration did not prohibit. transportation operations from providing this type of service as Ionc as the origin or destination was within the Denton urbanized area. The City could not prioritize or prohibit trips based on the type of destination. The number of people this affected was approximately 6 and was about 50 trips per month. This included one lady who used the system to get to her place of employment each day. Since the City could not prioritize or restrict trips by purpose and since the numbers were small, enough not to disrupt transportation, staff rec ended that SPAN be allowed to continue out-of-town trips. temporary measure since a goal of the city and SPAN was ~o provide connection points to join the City Handihop and elderly system with the County system. This was expected to be in place by the first of the year. Mayor Pro Tem Hopkins asked if there were enough vehicles and enough funds to be able to provide an out.-of-town trip for just one person at any given time. Tuck replied that if an individual needed to go to Lewisville or a destination outside of the City, a schedule was set up to work the out-of-town trip in with ;another trip. Due to the time factor involved, the item was continued to the Regular Session. 6. The Council received a report and held a discussion concerning assignment of ambulance reimbursements for subscription service and gave staff direction. This item was considered during the Regular Session, 7. The Council considered appropriate dates for annual evaluation sessions for City Council employees. This item was considered during the Regular Session. The Council convened into the Regular Meeting at 7:00 ~ Council Chambers of City Hall. p•m• in the I a I l I Njonda No .._L. ' 1k9oRdaIIORI. Jr ~ City of Denton City Council Minutes October 20, 1992 w71 °7~ ` Page 7 PRESENT: Mayor Castleberry; Mayor Pro Tom Hopkins; Council Members Brock, Chew, Perry, Smith and Miller. w ABSENT: None I 1. Pledge of Allegiance i The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Special Call Session of September 29, 1992 and the Regular Session of .14 1 October 6, 1992. Hopkins motioned, Smith seconded to approve the Minutes as presented. Council Member Perry asked for an addition to page 21 of the October 6 meeting. A suggestion by Council Member Chew for future agendas had been omitted. The suggestion was for a timo table for evaluation of city Council employees. Hopkins and Smith agreed to amend their motion and second to include the addition. on roll vote, Brock "aye", Miller "aye", f` Hopkins "aye", Smith "aye,', Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Mayor presented a pr.oolamation for National Pharmacy Week. The Mayor presented to the Council an award presented to the Zoning Task Force from the Texas Chapter of the American Planning Association for Denton mixed used district development. 3. Citizen Reports A. The Council received a citizen report from a representative of the Youth in Government Program regarding their activities for the day. Kim Meaker stated the students were able to experience various positions in City government. They were impressed to see how effectively the City was run and were impressed with city staff and the city council. They students attended the Executive Staff meeting and held a mock City Council meeting in the afternoon. They reviewed a parking ordinance, a fraternity zoning request and airport condemnation. Approximately 30 students participated in the event. r, r. Al t n~onda No .~.k3 r~ . ayeno'altam_!~_.~5~~~~ City of Denton City Council Minutes r / October 20, 1992 Page 8 Mayor Castleberry indicated that this was a YMCA sponsored project and introduced the YMCA representatives. B. The Council received a citizen report from Brian Bennett regarding the Fry Street Fair. M Mr. Bennett stated that it was not the Fair which he wanted to talk about but rather the vote taken and the procedure on the vote. The vote taken in the work session was perceived as premature by the students. Little or no communication between the city Council and Delta Lodge was made before the vote was taken. The issue at that Council meeting was not to be voted on but perhaps the Council felt it was time for a vote. The students felt the vote was hasty and lacked communication. The following evening, the UNT Student Government met and was upset with the city council. It condemned the city council in r?gards to its action. Bennett felt that the Student Advisory Committee would be a good vehicle to discuss these types of issues. The Student Association passed a resolution which included addressing a letter to the Council regarding its action and was conducting a petition drive for those who were concerned with the Fry Street Fair. More citizen reports would be presented to Council in an effort to continue communication regarding the issue. He was hopeful that the Council would listen to the students regarding the issue. C. The council received a citizen report Irom Wayne Tyra regarding speeders in a mobile home park. Mr. Tyra was not present at the meeting. 4. Public Hearings A. The Council held a public: hearing to consider a variance to Sec. 34-114, paragraph 3 of the Subdivision & Land Development Regulations, pertaining to the dedication of right-of-way along a public street. The variance pertained to Pacific Street, and was requested by Dale Irwin, owner of Carroll Park Place Ii, located directly east of Carroll Boulevard, south of, Maple Street, and west of Pacific Street. (The Planning an.] Zoning Commission recommended approval), Frank Robbins, Executive Director for Planning, stated that the variance was for right-of-way dr:dication on Pacific Street, The detailed plan had been approved a number of months ago and the project had already been through the zoning process from 2-F to Plunned Development. Due to an error in the dimensions of the land, the variance was being requested for the right-of-way dedication. If the variance were approved, the preliminary plat c' t AwioildaNu. Ay©ndaitem._.- 5' FJ~ ti„ City of Denton City Council Minutes 9 October 20, 1992 Page 9 4 listed under.- the Consant Agenda could be approved. If the variance were denied, the plat would not be considered, All of the criteria for a variance were met. (1) Granting the request would not violate any master plans - the variance did not violate any of the City's master plans, (2) Special or particular conditions upon ' which the request was based related to the physical features of the property - the property was unusual in that it was a small, narrow piece of land bounded by public right-of-way on three sides and Pacific Street was a dead-end street serving only a few residences.' (3) The special or peculiar conditions did not result from or was not created by the owner's or any prior owner's omission - the unique shape of the property was created by the City when Carroll Blvd. was constructed. The variance would not change how the dedication~,otherebwould beoae5' easement which would/a serve the fsame purpose as the right-of-way dedication. The Mayor opened the public hearing. Bud hauptmann, representing the petitioner, stated that he would be glad to answer any questions the council had. The Council did not have any questions for Mr. Hauptmann. The Mayor closed the public hearing. Hopkins motioned, Perry seconded to approve the variance, on roll. vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew aye , ferry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council continued with the Work Session item #5. Catherine Tuck, Administrativa Assistant, stated that the third item the Council was considering was trip requests outside the City limita, Not allowing those requests would affect 6 people with one requiring two trips per day to and from work. Staff needed direction as to whether to go outside the City limits for these trips. Mayor Pro Tem Hopkins asked how many mc:nths or years it would be until there was a connection with Lewisville. Tuck replied that it would probably be as close to the end of the year as possible to complete reorganization of the routes and then begin county-wide operation discussion after the first of the year. s4 City of Denton City Council Minutes, Z_ Y- October. 20, 1992 Page 10 Council Member Brock asked for the degree which providing this service outside city limits would interfere with requests within a the City. Tuck replied that the degree which SPAN had indicated was not substantial enough to impose an impediment: to Denton citizens. It was a small number of trips compared to monthly requests. Council Member Brock asked if there were a possibility of connecting with County transportation and take those individuals to a certain point and then the County would take over. Tuck replied that that was a possibility and would be the most efficient way to do the trips. In thei interest of time, SPAN was now doing door-to-door service to accommodate the citizen and to be most cost effective for the vehicle. Mayor Castleberry asked if the ser.vik:e, were not available for the individual to take him to his employment, would he not be able to continue to hold the job. Tuck replied that 'that possibility existed. Mayor Castleberry asked that Tuck review the options. Tuck replied that the options included to continue to go outside city limits, to have no trips outside city 'Limits, or to provide the service as an interim solution and work on connecting with the county system. Miller motioned, Perry seconded to continue to provide the service until a problem arose and have staff study a county-wide system, On r Perry "aye, oll vote, Brock "aye", Miller "aye'0, Hopkins "aye", Smith "aye", unanimously" with iCouncil Member Chew abst ping as het was armember of the SPAN Board of Directors. Tuck continued that the final item for Council consideration was possible future expansions. A suggestion had been made to connect the Denton system to the Dallas system through a Park and Ride operation or through the DART system. Another idea was for a shuttle service to the DFW Airport. Currently there was a private system which provided that service. The FTA would require a formal bidding process which would provide the opportunity for the private carrier to participate and compete for the service. Council Member Perry asked if there were any underground system in the future and suggested including dplans f an i g itoas an y A r P,genea Ron)- -,AC-5 City of Denton City Council Minutes October 20, 1992 Page 11 y 1 idea for the future.. Council Member Brock indicated that she was interested in continued investigation for airport service. + The Council returned to the regular agenda order. 5. Consent Agenda Council Member chew asked that Item 5.A.1. be pulled for special consideration. Hopkins motioned, Smith seconded to approve the Consent Agenda with the exception of Item 5.A.1. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, A. Bids and Purchase Orders: 2. Bid #1415 - Distribution Transformer 3. Bid #1417 - Transformer Oil Testing 4. PC #30267 - Genera]. Electric 5. PC #30268 - General Electric B. Plats and Replats 1. Considered a preliminary plat of Lot 1, Block 1, of the Carroll Park Place Two Addition. The .437 acre tract was located on the east side of. Carroll Boulevard, directly south of Maple street, abutting Pacific Street. (The Planning and Zoning commission recommended approval.) I Council considered Item 5.A.1. Council Member chew stated that the bids had, from the highest to lowest, a $15,000 difference and about 30 extra days for the work. He questioned those figures. 3etween the lowest bid and the next lowest; bid was approximately a $4,000 difference. Tom Shaw, Purchasing Agent, stated that he saw no reason to not accept the low bid of Southwest Industrial. There was a miscommunication on number of days to complete versus the number of days to start. Southwest Industrial interpreted it to mean days until they actually started the project, the Esther bidders interpreted it to mean the days until the protect was completed. He had talked with Southwest Industrial regarding the project and he had no reason to think they would not complete work in the specified days. Y I anpa Item__ City of Denton City Council Minutes October 20, 1992 Page 12 4 Chew motioned, Smith seconded to approve Item 5.A,1. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", 1 Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, 4 A. Bids and Purchase orders 1. Bid #1411 - Window Replacement/Visual Arts 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1411, 5,A.2. - Bid #1415, 5.A,3. - Bid #1417) The following ordinance was considered: No, 92-.180 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE, Smith motioned, Hopkins seconded to adopt the ordinance, On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, B. The Council considered adoption of an ordinancea providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5,A,4, - PC #30267, 5.A.5. - PC #30268) The following ordinance was considered: No. 92-181 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. l r, Is i ndentlaifem_._.~ City of Denton City Council Minutes October 20, 1992 Page 13 t Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving the 1992 tax rolls. John McGrane, Executive Director for Finance, stated that this was a requirement of the Texas State Property Tax Board to approve the d appraisal rolls which came from the Denton Central Appraisal District and the tax rolls which toot/ the information from those appraisal rolls and applied the exemptions and tax rate. The following ordinance was considered: No. 92-182 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1992 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor. Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance establishing fees for reinspections of food establishments as conducted by the City of Denton Environmental Health Services Division. I Lloyd Harrell, City Manager, stated that this item had been included in the budget discussions and complied with the wishes of the council. The following ordinance was considered: No. 92-183 AN ORDINANCE ESTABLISHING FEES FOR REINSPECTIONS OF FOOD ESTABLISHMENTS AS CONDUCTED BY THE CITY OF DENTON FNVIRONMF14TAL HEALTH SERVICES DIVISION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); AND PROVIDING AN EFFECTIVE DATE, ` i' 777 V- tS tY r. tit 1 Iy I nqnnda Iten:._ ~5 City of Denton City Council Minutes October 20, 1992 Page 14 Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. 7, Resolutions A. The Council considered approval of a resolution c appointing members to the North Texas Higher Education Authority. John MCG.1.ane, Executive Director for Finance, stated that the Authority had state and federal legislation which enabled it to issue tax exempt bonds to purchase student loans. Arlington and Denton had established the Authority. Two of the four positions for Denton were up for renewal, The current members, Mr. Governor Jackson and Ms. Neta Stallings, had been suggested to be reappointed. The following resolution was considered: No. R92-061 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY] AND DECLARING AN EFFECTIVE DATE, Hopkins motioned, Chew seconded to appoint Governor Jackson and Neta Stallings, On roll vote, Brack "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. B. The Council considered approval of an interlocal ambulance agreement between the City of Denton and the City of Argyle for ambulance services, John Cook, Fire Chief', stated that ltems B through I were interlocal agreements for small cities contract for ambulance service, These were renewal contracts with no changes other than population figures. Council Member Miller asked if the subGcription service applied to these cities also. Cook replied yes, r ss %s `11 T City of Denton City Council Minutes I October 20, 1992 Page 15 The following resolution was considered: No. R92-062 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. a Perry motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried ,r unanimously. C. The Council considered approval of an interlocal ambulance agreement between the City of Denton and the City of Corinth for ambulance services. The following resolution was considered: No. R92-063 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye"; and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval. of an interlocal ambulance agreement between the City of Denton and the City of Sanger for ambulance services. 8 The following resolution was considered: No. R92-064 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SA14GER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. I Brock motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Y. City of Denton City Council Minutes October 20, 1992 Page 16 E. The Council considered approval of an interlocal ambulance agreement between the City of Denton and the City of Krum for ambulance services. The following resolution was considered: No. R92-065 4 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to approve the resolution. On roll vote, Brack "aye", Miller "aye", Hopkins 'taye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered approval of an interlocal ambulance agreement between the City of Denton and the City of Ponder for ambulance services. The foll,,wing resol~Ation war, considered: No. R92.-066 A RESOLUT1ON '!PROVING AN iNTERLOCAL AMBULANCE AGREEMENT BETWEEN 7';'E C.TTY CF DENTON AND THE CITY OF PONDER FOR AMBULIVIC17 I.LRVIC;~:S; AND DECLARING AN EFFECTIVE DATE, smith n,atiuned, hoj);<ins seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ` G. The Council considered approval of an interlocal ambulance agreement between the City of Denton and tha City of Shady Shores for ambulance services. The following resolution was considered: I No. R92-067 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. t, ti - . i I Pi}ends PJa. _ ` ---_._;..-......mow.--.... City of Denton City Council Minutes October 20, 1992 D Page 1% Brock motioned, Smith seconded to approve the resolution. On roll " vote, Brock "aye", Miller "aye", Hopkins "aye"; Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ; i H. The Counc?.1 considered approval of an interlocal F ambulance agreement: between the City of Denton and the City of Hickory Creek for ambulance services. The following resolution was considered: No. R92-068 A RESOLU'T'ION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DEN`1'ON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES; AND DECLARI:NG AN EFFECTIVE DATE. Brock motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered approval of an interlocal ambulance agreement between the City of Denton and the City of. Lake Dallas for ambulance services. The following resolution was considered: No. R92-069 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Hopkins seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered approval of a resolution authorizing an application for a chant to participate in the Nationai Tree Planting Program, committing local matching funds and in-kind services to match the amount of the grant. Bob Tickner, Superintendent of Parks, stated that the resolution would allow the City to participate in the small Business Administration's Tree Grant Program which was administered through the Texas Forest Service. Last year the City received 111. trees I r A(leIda ltei)t City of Denton City Council Minutes October 20, 1992 Page 18 which were planted in various City parks. This year the City would receive 70 trees which would be planted in the civic Center Park and Evers Park. This year the City would be required to make some cash contributions as well as in-kind contributions. The money would come from the Beatification account. The following resolution was considered: 4 No. R92-070 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN APPLICATION FOR A GRANT TO PARTICIPATE IN THE NATIONAL TREE PLANTING PROGRAM; COMMITTING LOCA14 MATCHING FUNDS AND IN-KIND SERVICES TO MATCH THE AMOUNT OF THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution, On roll, vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. K. The Council considered approval of a resolution authorizing the Executive Director of Finance to execute documents necessary to claim unclaimed property on behalf of the City of Denton. John M.sGrane, Executive Director of Finance, stated that the City 1 had been notified by the State Trea:3urer's Office that there was an amount which had been submitted as unclaimed funds in the name of the City of Denton to be claimed by the City of Denton. The funds were for Sesquicentennial activities with approximately $1,000 to be claimed. , The following resolution was considered: No. R92-071 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF FINANCE TO EXECUTE DOCUMENTS NECESSARY TO CLAIM UNCLAIMED PROPERTY ON BEHALF OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller. "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. /l I ` r. t I A(jendaWnt_ 5, -Z City of Denison City Council Minutes October 20, 1992 Page 19 D L. The Council considered approval of a resolution requesting that municipalities be allowed to regulate consumption of alcoholic beverages within certain designated areas of the municipality. Mayor Castleberry indicated that this item had been consideration. pulled from i 8. The Council considered appointments of Advisory Board members to the Downtown Advisory Board, the Electrical Code Board and the Animal Shelter Advisory Committee. Mayor Castleberry indicated that Council had diracu,ssed the reappointment of a committee member to the Animal Shelter Advisory Committee and was now ready to make a formal appointment. Hopkins motioned, Chew seconded to appoint Jesus Nava to the Animal shelter Advisory Committee. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and ` Mayor Castleberry "aye". Motion carried unanimously. 9. Miscellaneous matters from the City Manager. Mayor Castleberry indicated that council would return to the Work session items which had not been discussed earlier. I Work Session Ttem 6. The council received a report and held a discussion concerning assignment of ambulance reimbursements for subscription service and gave staff direction. Kathy DuBose, Director of Accounting and Budget Operations, stated that staff wain proceeding with the implementation o' L2 the subscription service. A benefit of the service was that the city would take insurance assignments and Medicare assignments. Non- members would be responsible for all of the ambulance bill. Staff was ready to move ahead with the program and to send out U e applications with the utility bills. City Manager Harrell, stated that he wanted to bring this item to Council to il.lust)°ate how it would now help those individuals on Medicare but only to those who were signed up for the program. Smith motioned,Hopkins seconded to proceed with the program. On roll vote, Brock ",tye", Miller "aye", Hopkins "aye", Smith "aye", Chew "ayell, Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ~Y I ~ 1 G ii A I tgonda No...-el.~ City of Denton City Council Minutes aO .cX October 20, 1992 l/ Page 20 Work Session Item P. The Council considered appropriate dates for annual evaluation sessions for City Council employees. A suggestion was made to consider the evaluations on the fourth Tuesday in November which would be November 24th. Consensus of the Council was to schedule the evaluations for November 24th. ` Lloyd Harrell, City Manager, presented the following item: A. Reminder of the City Open House which would be held r October 30, 1992. He encouraged the Council to attend if possible. 10. The following action was taken on Executive Session items discussed during the Work Session Executive Session: A. Mayor Castleberry asked for a motion to direct the City Attorney to intervene on behalf of the City in the Park Cities lawsuit. Chew motioned, Hopkins seconded to direct the City Attorney to intervene on behalf of the City in the Park Cities lawsuit. on roll vote, Brock "aye", Miller "nay", Hopkins "aye", Smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "a.ye". Motion carried with a 5-2 vote. 11. New Business The following items of New Business wore suggested by Council Members for future agendas: A. Mayor Pro Tom Hopkins asked for a work session item regarding the removing of plats and replats from the consent; Agenda and from council action. If the Council voted on plats and replats, it gave the citizens the idea that Council could exercise action on those items. As long as the plat or replat met State requirements, the Council had not have the right to deny the plat or replat. B. Council Member Perry asked for the legal background for the requirement which stated that the Council could not deny a plat or replat which met all State requirements. C. Council Member Brock asked for a work session item regarding the possibility of changing the procedure for a plat which was in an older section of the City. 4t v. ~i t Bile City of Denton City Council Minutes y / October 20, 1992 Page 21 I 12. The council did not corrlene into the Executive Session during the Regular Session. With no further business, the meeting was adjourned at 8;15 p.m. 0 BOB CASTLEBERRY, MAYOR CITY OF DENTON; TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOCI I 1 y - .CITY COUNCIL 7 II 1 oo0ao~oaaaoaa ~ooooo ~o,~ goo:: - Q O b . G TXT~ OOO~~ T k t oO~J) - ~~ODony,QU~~ 1: MM: T: TT: 7 T T, -TT t. n . r DATE t pf~~~~ier ~J9' CITY COUNCIL REPORT Agendalt/am TOt Mayor and Members of the City Council ll/ F'ROMI Lloyd V. Harrell, City Manager t / SUBJECTt PRELIMINARY AND FINAL REPLATS OF LOTS 26 AND 27, BLOCK 11 INTO LOTS 26R-1, 26R-2, AND 27R, BLOCK 1, OF THE C.C. BELL ADDITION RECOMMENDATIONt The Planning and zoning Commission recommended apprcval by a 6-0 vote, at its 10/14/92 meeting. SUMMARYt ° I The .9297 acre site is currently occupied by three detached homes, the middle one of which (715 Frame Street) in a non-conforming status as it is constructed over a lot line created with the original 1882 plat of the subdivision. The replat under consideration would put each existing house on in individual lot. All public improvements are in place, so none will be required with this replat. 0172 acres will be dedicated for right-of-way. An existing storage building on the south line of the replat will be removed. A 17 foot building line has been established according to Sec. 35-9, 2, (e). BACKOROUNDt ^ae site, located on the west side of [Frame otreet, approximately 350 feet south of Mingo Aoad, backs up to Union Pacific railroad tracks. It is in a long established single-family (SF-7) neighborhood. City services and facilities, including water, sanitary sewer, electrical, and solid waste, are existing and adequate for residential demands, The replate e,onform to the minimum requirements of the subdivision and Land Development Regulationel Chapter 34 of the code of ordinances. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt Several city departments, the property owner, rente::s FISCAL IMPACTt None V Reapec, ully eubml tedt Prepared byt / Lloyd V. Harrell ` ~3 7 City Manager LJ17~"'i. "-7 G. Owen Yost, A'SA J~ Urban Planner Approvedt irank Ebbine AICP Executive Director Planning and Development 1`r r - - , AVAM NO A7'TACIIMLNT 1 a ° NORTH P-92-034 C.C. Bell Addition ~ r II i~ Ill, A ! \ ~,i- ,ten- `.W;~~`- '--a LJ w~J ,a',r• ,t!-I~~Z lt= r~ ~ i `c.J//,° i /l7~..L. f ~ ~ J IlJ -hm ~ 0A4 PwNR-ill I .d i A Mill r r ~ = _ 10 uW I CL='s OWE C 1~~ fi~ f f I ~ \ P_ ` Ii~~ lq f ~ qq L lMaJr oart I I ! ~~tcat rs•A r. Y Ilt f, aa 41 I ~ r "o, ` Date: 10/05/92 Scale., NONE: s , ' ATTACHMENT 2 l~ ~ 3 A~i~:»dafVa n~onda ltam_!QS'~zl ~ C.C. Bell Addition NORTH c ~ L.or 2s I f~ f!~' c Q, C ~naY1 ,U ~ S 1. \ ♦ ' ~ I / / r,♦ `•♦u ~ 117.Je'~ r DUI i ~i ♦q LOT v e 4/ z" 628♦„Iw Yf W R t w rqV 7-- f 5 x~, tip. s er• r $nor if 7 LOT 26R•2 ae1 • a > • W ~ / ear !p $I ~~1 ~---Qr JJ--r xRw ~ ' ~ . • N ~w7 ~ LL I LOP 2TR " 8 J ,7,x77! ea n. i ro. ~b .Ir KAf /Pasr~pp~A r, • ~,y 1 VOL. Ay, ft 14.. OA pe ZONEOi F y j fyff ~ ~ Lore Lot s c +r , FAAW'y AOQYr + VOL. 77, Y2 69, R. Lor 7 car s PRELIMINARY REPLAT Date: 10/05/92 Scale; NONE r r ti 5 A t S ATTACHMENT 3 kgondaNo Y-92-034 C.C. Bell Addition /9 NORTH pp r r0 P Lab{ •J / P LOT 25 Powr OF BEGINNING r p, /,v 99• or JJ• e 050.23, <A Ift h A'~'" r 'P.<0 o h < foP }1 ~o. 1 y0 I d cor 26R-1 j Pb, 2~ ~ $A,6ldB SgU.at FEEL tl P1'+~ R d9' OT JJ' / 084 Or yf cor 268-2 W b `v y6 14ae0J dOUAM r¢r o ~ " P rEr s e9' or JS' M T1l y b ~ LOT 27R a 0 v~ 13. MI9 SWARE FUt SE ,~,r 5 89' 07' JJ' W ?49.59' ~i BEAM E TSrA o VIVA, •1 rho 4, ¢ IIII / VOL. 491, va .^x 7-} f7or s tors 9L 0 C K / III FRANK'S 1001T1QN VOL. 73• PG. 69. O.R. for ' I 1 FINALA 1REI'LAT Date; 10/1.9/92 Scale: NONE t - - M 1 i. Nitmoo, No, n mda Item P&Z Minutes! AL October 14, 1992 L J` T F ige 6 J involving the right-of-way of Pacific Street. The plat does not conform to the minimum requirements of the Subdivision and Land Development Regulations, but may be approved along with the variance. The Development Review Committee recommends approval with the stipulation that the variance is recommended to the City Council for approval. Action: Mr. Cooper moved to withdraw the January 20 1992 recommendation for approval of the preliminary plat and to recommend approval of the revised preliminary plat with the variance approval. Motion was seconded by Mr. Cochran and unanimously carried (6-0). - 1 V. Hold a public hearing to consider the preliminary and ` final replat of Lots 26 and 27, Block 1, into Lots 26R-1 26R-2, and 27R, Block 1, of the C. C. Bell Addition. Staff Report: Mr. Yost reported that the .9297 acre site is currently occupied by three detached homes which are currently in a non-conforming status due to the original plat of this property which was done in 1882. The replat under consideration would put each house on an individual lot. All public improvements are existing, so none will be required with this replat. .0172 acres will be dedicated for right-of-way. The replats conform to the minimum requirements of the Subdivision and Land Development Regulations. Ms. Huey asked if the purpose of the replat is to clean up the lot lines. Mr. Yost said that it generally is the purpose of the replat but the overall area has not been targeted for a clean up campaign. Because thi; is a residential replat, notice to surrounding property owners will be made prior to City council action. Petitioner: Bill Nash of Hammett and Nash stated that one building is across a lot line. There is also a house on the back of a lot. Someday the road to it will be closed and dedicated to the property owners on either side. Recommendation: The Development Review committee l x...33 n(1011dakom._~s~' P&Z MinutesTV , C,tober 14, 1992 Page 7 recommends approval. Chairman Engelbrecht closed the public hearing. It was moved by Ms. Huey, seconded by Mr. Cochran, and unanimously carried (6-0) to recommend approval of the preliminary and final replats of the C. C. Bell Addition. a VI. Hold a public, hearing to consider an amendment to Specific Use Permit No. 180 for the purpose of modifying the screening regulations and allowing a mechanical/storage building. Staff Report: Mr. Yost stated that the current owner is the Y.M.C.A. of Metropolitan Dallas. They are requesting an amendment to Specific Use Permit No. 180 in order to 1) allow planting of a vegetative buffer in 1994, 2) extend the time in which the buffer is expected to reach 6 feet to 4 years, and 3) allow the addition of a storage/mechanical room to the existing pool facility. The property to the north is a single-family land use in an Agricultural zoning district, The site of this request is located in a low intensity area, of which the intensity trips are 75% allocated. No additional infrastructure is required. In 1984, Ordinance 84-95 authorized Specific Use Permit No. 180 for a Y.M.C.A. facility. the permit was then amended by Ordinance 87- 222 and by Ordinance 89-027, The present proposal would allow for the growth of a new vegetative buffer to eventually replace an existing vegetative buffer which is fully mature, but is actually located on the adjacent property. It would also allow the planting of 1 year old red cedar trees in a staggered, double row. The plants would be space 61 apart, and the rows would be space 5' apart. In addition, Vie time span in which the trees i ware expected to reach 61 would be expanded to four years from the time of planting. Ms. Huey asked if there is any relation between the planting and the storage facility. Mr. Yost replied that they are separate issues. The storage has no impact on the trees, screening, or intensity trips. Petitioner: Dick Engle, Executive Director of the Denton Y.M.C.A., stated that he was available to answer Ih < C ITY COUNCIL .L I - - 1 oo°°°oop~~o:Ijpg~oOOO~ . Q - ~ G 1 Q C2._ , O d !4 ~oao~~p~~ o av t OoO~Oh~ aac~aaacoo . . 1 A MendoNo. Ailerds hm.f~ 1 iWo -3_ -.9._ - G CITY _COUNCIL EPORT FORMAT DATES 11-03-92 I Tot Mayor and Members of the City Council o ± FROM$ Lloyd V. Harrell, City Manager I SUBJt Approval of ordinances for expenditure of CDBG Program w, Funds for Human Services. ~PERENDATI ON 1 Approve ordinances authorizing the city manager to sign contracts betwesit the City of Denton and North Texas Community Clinics, HOPE, Ino. and Denton Housing Authority. BACKGROUNbI May 19, 1992 City Cour.oil approved the 1992 Final statement of objectives and Projected Use of Funds for the Community Development Block Grant Program, The Final Statement specified the use of $24,000 by the North Texas community clinics to provide prenatal care to indigent women, $16,000 by HOPE,Ino. to assist homeless families and $21,374 by Denton Housing Authority to provide health care to indigent persons. SUyr Contracts state that approved expenditures for the above listed programs will be reimbursod for the period October 1, 1992 through September 30, 1993. PA0()RA~B, AEPX►RTMENT6 OR GROUPS_ AFFECTED] The Community Development staff will administer each contract and compliance by subrecipients with all per- tinent federal regulations. FIBCL IMPACT! There will be no impact on the General Fund. All expenditures under contracts and all City staff activities are paid from grant funds. Res a ully bmitte Llo d V. Harrell city Manager w is v ' r Report Format AdaiidbNo...._ V~3 Page 2 uod a Ito pi- Prepared byt /1~~ t Erio R. Billipa, Program Assistant Approved:- 4 ~ rank Robbins AICP EX&OUtive Dirsotor for Planning 6 Development ccrEad92,cpn v. . eiwpd0a8\c0wIIn.o ~y A NjondaNo, 3_3_-- nc~enda ORDINANCE NO, AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS COMMUNITY CLINICS, INC,1 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFOREI c AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to the North Texas Community Clinics, Inc., in consideration of the valu- able public services to be furnished by said organization to the City of Denton in accordance with the "Agreement" attached heretol NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Agree- ment" attached hereto, between the City of Denton and the North I Texas Community Clinics, Inc,, and authorizes the Mayor to execute said agreement. SECTION II, That the City Council authorizes the expenditures of funds in the manner and amount specified in the Agreement, SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the _ day of 1992 BOB CASTLEBERRY, MAYOR A ATTEST: JENNIFER WALTERS, CITY SECRE'T'ARY BY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 11 i rie i 0 l J AAAOODF3 NtlimdaNO Agend~ltoni AGREEMENT BETWEEN THE CITY OF D'&NTON AND NORTH TEXAS COMMUNITY CLINICS, INCORPORATED This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its city Manager, pursuant to ordinance, hereinafter referred to as CITY, and North Texas Community Clinics, incorporated, 121 Pine.r Street, P.O. Box 2780, Denton, Texas 76202, a Texas non-profit ° corporation, hereinafter roferred to as CONTRACTOR. WHEREAS, CITY has received caztain funds from the (J. S. Department of Housing and Urban development under. Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expasiditure of funds for the Denton County Prenatal Clinic; and WHEREAS, CITY has designated the Community Development Officek~ as the division responsible for the administration of this contract and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described, 1. TERM This Contract and agreement shall commence on or as of October 1, 1992, and shall terminate on September. 30, 1993, unless extended by mutual agreement, rx, RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for, the por.for- mance of all Serviess and activities, In a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notifica- tion to the contrary Is received from CONTRACTOR, and approved by CITY. The CITY'S Community Development Administrator will. ho CITY's representative responsible for the administration of this contract, ar, Al rzl. C:ITYIU OBLIGATION A- Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $24,000.00, B. Measure of Liability, In consideration of full and 4 satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitat,i.ons and provisions set forth in this Section and Section VII of this contract. (1) The obligations under parties section are understand upon t the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Contract, if adequate funds are not available to make payments under this Contract, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Contract, If CDBG funds eligible for use for purposes of this Contract are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Contract. (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the city of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other 5nurce; (b) was incurred prior to the beginning date, or after the ending date specified in section I; i this is not in ewith the terms of contract, tincluding accordance xhibits attached hereto; (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRAC- TOR, or termination of the Contract, whichever date is earlier; or PAGE 2 k r. l-- oll .4 (e) is not an allowable cost as defined by sec- tion XI of this Contract or the project budget, (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ° ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LANG A. CONTRACTOR understands that funds provided to it pursuant to this Contract are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and r,!ommunity Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOP. must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Contract, CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulare Nos. A-110 and A-122, Texas comply ordwith all inances applicable lawsBof the TStae R of shall City federal Dentont.~, V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the logal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract, B. The person or persons signing and executing this contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, , I PAGE 3 y v. / . I she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have temporarily suspend or permanently terms aat its te thispContractoifethere is a dispute as to the legal authority of either CONTRACTOR or the q person signing the Contract to enter into this Contract. CONTRAC- TOR Is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has suspended or terminated this Contract for the reasons enumerated in this section,, D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. VI. PERFORMANCE HY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B ched hereto and incorporated herein for all purposes and deemedabyaboth parties to be necessary and sufficient satisfactory performance of the program, as d ament for to mined solely abbd CITY and in accordance with Y Y all other requirements of this contract. terms, provisions and No modifications or alterations may be made in the WORK STATEMENT without the prior written approval of the City's community Development Coordinator. VII, PAYMENTS TO CONTRACTOR A. Payrents to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling $24,000 for services rendered under this Contract. CITY will reimbursement basis to the CONTRACTOR within tpay these s on a wenty daysfafter CITY has received supporting documo.ntation. CITY shall not pay in any three month period more than twenty-five (25%) percent of the maximum amount specified above, Punds to be used for the sole ose ayin the sal and benefitsefor a nurse-midwife as shownrp n the Budget, ExhibitaB. PAGE 4 s- i 1 i'. . 1I ~1t:e411a Nti. MIA Item---le,51 6 Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: 1) has resulted in overpayment to CONTRACTOR: or, (2) has not been spent strictly in accordance with the s { terms of this Contract; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the Contract, should any expense or charge for which payment has been made be subse- quently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Rousing and Urban Develop- ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which speci.ties the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY. D. Dsobligation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR'S level of performance, as specified pinviExh ibit A,oCITYsphereby reserves the right to reappropriate or recapture any such under- expended funds. E. Contract Clone Out. CONTRACTOR shall submit the contract close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this contract, within fifteen (15) working days following the close of the contract period. CONTRACTOR shall utilize the form agreed upon by CITY and CONTRAC- TOR. At the termination older) salaries or wages must be retu ned to CITY ainethe following format (1) A cashier's check for the net aggregate amount payable to the city of Denton; (2) A listing showing the Social Security number, full name, last known nomplete address and the amount owed to each person involved. VIII. WARRANTIES CONTRACTOR represents and warrants that: ' r PAGE 5 r. ns'ouda llern_-'~S " r pp A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B Any furnsupporting ished financial CITY and CITY, ia are statements complete, accurate requested and u fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period + covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial. condition of CONTRACTOR. ~4 ✓ C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR. E. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. x8. COVENANTS A. During the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his authorized representa- tive: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or here- after acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Contract and with respect to which CITY has ownership hereunder. PAGE 6 A g _ . (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for 1 any other firm, person, entity or cc ;.)ration as guarantor, surety, or accommodation endorser. 9 (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unlass CITY authorizes such transfer., B. Should CONTRACTOR use funds received under this Contract to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives stated in §24 CFR 570 until August 31, 1997. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 1997, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expendi- tures of non-CDBG funds for acquisition of, or improvement to, the property. X. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this contract and in conformance with the standards and provisions of Exhibits A nd B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for ' personnel costs as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not: be used to pay for any contract service extending beyond the expiration of this Contract. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. . PAGE 7 AA . i kindaNo _ How, (5) Any alterations, deletions or additions to the Person- nel Schedule incorporated in Exhibit B. (6) Cost or fees for temporary employees or services. G (7) Any fees or payments for consultant services. I (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior, approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance with the provisions of this Contract,, 8T. PROGRAM INCOME A. For purposes of this contract, program income means earnings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funding provided or received hereunder. Such eariiinys include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract. S. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as requirod for other Contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, bawd upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only fo).• )perating expenses. C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income -•produeing services or activities. D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or. Indirectly from this contract, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CI'T'Y to be program income, unless otherwise approved in writing by CITY. < PACE 8 . Mugu"" 4 N111da NO (5) Any alterations, deletions or additions to the Person- nel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or cervices. (7) Any fees or payments for consultant services. 1i (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsi- bility and shall to made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or, purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance with the provisions of this Contract. XI. PROGRAM INCOME A. For purposes of this Contract, program income means earnings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funding provided or received hereunder.. such earnings include, but are not limited to, ! income from interest, usage or rental or lease fees, income I produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract, B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other Contract funds, and reported to CITY in the format preacribed by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent on?y for operating expenses. C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. D. It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the rebayment of any and all amounts uetermined by CITY to be program income, unless otherwise approved in writing by CITY. PAGE 8 . P. NondaItem-. 4) ~ 0 XII. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for I financial management, CONTRACTOR's record system shall -ontain sufficient documentation to provide in detail full support and a justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. zf B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under tt,e conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract, D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XIII. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit regular performance reports to CITY no less than once each three months, with the first report due on or before December 1, 1992, The performance report shall detail client information, including race, income and other such statis- tics required by CITY. CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting as of the beginning date specified in Section II and furnish to CITY PAGE 9 i 4 Allonda Item. quarterly a report of all income received and funds expended. The first such report is due on December. 1, 1992. If tht contract is for funding of $25,000 or more, the CONTRAC- TOR agrees to submit an audit conducted by independent examiners within 10 days after receipt of such. 4 XXV. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's' performance under this Contract. B. CONTRACTOR agrees that. CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and objectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract. C. CONTRACTOR agrees to cooperate fully with CITY in the 11 d systems and to provide data determined by evelopment, implementation and maintenance of record-keeping + CITY to effectively fulfill its monitoring and X evto be aluation eresponsi- 1 bilities. such cooperate obEstructCorTdelayRCITY agrees to a way so as not to and such designate one of I its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. XV. ` DIRECTORS' MEETINGS If During the term of this Contract, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of D irectors, setting forth the time and place thereof, Such notice shall notice,bad delivered shall include an agenda and a brief rdescription to give dofuthe matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directorst meetings. Minutes of all meetings of CONTRACTOR's governing body shall be \ available to CITY within ten (10) working days of approval. 4PAGE 10 A Ncn613 No ~~lo~tla ltom. _~5 _ XVI. INSURANCE 9 A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Contract, H. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability commonly referred to as "owner/Tenant" coverage with CITYnnamedcas, an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. I C. CONTRACTOR wi11 comply with applicable workerst compensa- tion utatutes and will obtain employers' liability coverage where ' available and other aca participants, if applible riate liability coverage for program D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR, All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possessi of a id license insurance must be maintained on acurrentobasis invCONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable casts under this Contract, and remain the sole responsibility of CONTRACTOR. XVII. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY,s approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (3o) days of the effective date of this Contract. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations, C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, :records, and accounts for purposes of investigation to ascertain compliance \ with local, state and Federal rules and regulations. I/Y D. In the event of CONTRACTOR's tion-compliance with the non-discrimination requirements, City may cancel or terminate the PAGE 11 •T r, E A1P lftiltVO. __S3 At) atdalt©m__e, Contract in whole or in part, and CONTRACTOR may be barred from further contracts with CITY, XVIII. PERSONNEL POLICIES ` Personnel policies shall be established by CONTRACTOR and shall be available for examination, Such personnel policies shall; A. Be no more liberal than CITY's personnel policies, procedures, and practices, including employment, salary and wage rates, working ihoursitandr holi ays,~ fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. 1 XIX. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties, C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying cut of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof, XX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOROe governing board. The term "member of immediate family" includes., wife, hus- ' PAGE 12 ~ r n 1 d I , Njpj)o No, J&___22 band, son, daughter, mother, father, brother G' aunt, uncle, nephew, niece, step-parent, step-child, half-brother POLITICAL OR ECTARIAN ACTIVITY ' A. None of the performance rendered hereunder shall involve, c and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (in ludin ,obutany tclimitete to an activity to further the elaction or defeat ;or undertaken to influence the public office) or any activity legislation, passage, defeat or final content of B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religic,us facility or activity. XXII. PUBLICITY A. Where such action is appropriate, as determined by and upon written approval of CITY, CONTRACTOR shall publicize tho activities conductod by CONTRACTOR under this contract, In any news release, sign, brochure, or other advertising medium, disseminating informa- made prepaered or distributed by or ifor n CONTRACTOR, mention shall be ing through the city of Denton havingg made the n Development fund- project possible, , B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Contract. nally developed is included in a report, theereportrshalloidentify the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title This document is page, Of Dant d community prrepparred in accordance with the City 's Del Pro, funding received from thepUnit dloStatesntDepartment iof Housing and Urban Development, C, All reports, documents, studies, charts, schedules, or / other appended documentation to any proposal, content of basic proposal, or Contracts and any responses, inquiries, correspondence 4 PAGE 13 konrlRNo kjorida and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. XXIII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures: A. When the application is in the plan..ing stages, CONTRACTOR shall submit to CITY a description of the fu,9s being applied for, 4 and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXIV. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both parties, except when the terms of this Contract expressly provide that anothar method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obliga- tion siCITY under gnificantlyhchange contract. nature, intent, bordgs orevisions of the program funded under this Contract. C. CONTRACTOR will submit revised budget and program in- formation, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such PAGE 14 / c r. . i n modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of -he j Contract, request changes in Exhibit A which may include an i increase or decrease in the amount of CONTRACTOR's compensation. 4 Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit A shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Contrast at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXV. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the, default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall, it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated. PAGE 15 s~ V. r A ngonda N0. F)ilq XXVI. (D/ TERMINATION A. CITY may terminate this Contract with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in section XXV. i (2) CONTRACTOR's violation of covenants, agreements or ~ guarantees of this Contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Contract; (b) has allocated inventory to this Contract substan- tially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Contract in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section IV, and Section XXIV (D), of this Contract. (7) The commission of an act of bankruptcy, (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Contract;, CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit 8, B. CITY may terminate this contract for convenience at any .time. If this contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination, In no event will this compensation exceed an amount which bears the PAGE 16 I a` r. A4 oil (](I N 0 ",9 A~JvAlforrt_/ 5 sr~1._ same ratio to the total compensation as the performed bears to the total made, services actually souservicelys of CONTRACTOR covered by the contract, less payments previ C. CONTRACTOR may terminate this contract in whole or in part by written notice to CITY ~ occurs upon which CONTRACTOR ldependsmfortperformanceihereunder, outse funding CONTRACTOR may opt, within the limitations of this Contract, to a seek an alternative funding source, with the a provided the termination by the outside funding psource owaslnot occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the question. funding source in CONTRACTOR may terminate this contract upon the dissolution of CONTRACTOROs organization not occasioned by a breach of this Contract. cancel, nistiece to terminate any outstanding Tordersaor subcontracts which relate to the performance of this contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incuj::ed after the termination date. suspension tort terms ation,~y CONexercise by TRACTOR shall not fbe trelieved of is riht of liability to CITY for, damages sustained by CITY by virtue of any breach of the contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined, XXVII. NOTIFICATION F ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being claim, demand, suit or other action, Such notice shalldstatesthe date and hour of. notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm corporation or other entity making such claim, or that instituted or threatened to institute an o basis of such claim, action rtproceedingion or proceeding; the person(s) against whom such claim is being made or thre tened,f Such written notice shall be delivered either personally or by mail. PAGE 17 c . ~runtla No ` 33 r:aE . A/ LXVIII. MISCELLANEOUS w A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. i B. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. XXIX. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indem- nify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, v-penses, and liability arising out of the use of these contractor: funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. C, in no event shall .ny payment to CONTRACTOR hereunder, or any other act or failure rt CITY to insist in any one or more instances upon the terms arai conditions of this contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or-prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. U. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understanding, or other PAGE 18 ~ r. A panda No, A;Jondaltom___ commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoevF,r, unless properly executed in writing, and if appropriate, recorded as an amendment of this contract. E. In the event any disagreement or dispute should arise ` between the parties hereto pertaining to the interpretation or meaning of any part of this contract or its governing rules, codes, laws, ordinances or regulations, CITY as the responsible to HUD for matters of compliance, wi 1a haveuthemfinal n authority to render or to secure an interpretation, F. For purposes of this contract, all official communica- tions and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below: TQ CITE' TO CON_ RA_QTOg: city Manager Tom Krauae, Executive Director City of Denton North Texas community Clinics, 215 E. McKinney St, Incorporated Denton, Texas 76201 121 Piner P.O. Box 2780 Denton, Texas 76202 PAGE 19 kallda No, D'i 0.~s IN WITNESS OF WHICH this Agreement2 the _ day of 1 has been executed on this 9 9 . CITY OF DENTON BY: LLOYD V. HARRELL, CITY MANAGER R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: NORTH TEXAS COMMUNITY CLINICS, INCORPORATED BY:4~ HOMAS W, KRAUSE EXECUTIVE DIRECTOR ATTEST: OARD SECRETARY C 4PAGE 20 _4 ij f koodaNo ._9d- _ at)ontlaltom._~a 6>~ - rk,te EXHIBIT rrArr PRENATAL CLINIC FOR DENTON COUNTY A• Description of services to be performed; CONTRACTOR will perform services described bel with the attached schedule and budget: ow in conformance CONTRACTOR will operate Clinic for Denton a prenatal program at the Prenatal medical re Co'antY according to existin patients ongweekdays for aONTRACTOR will provide serleal vices and hours from 4;00 a.m. to noonra dromc1ud0 at to except on holida s a minimum, the srdn special circumstances when patients ca by appnnot be to 4;00 p.m only, Burin Services are app due to g or after normal office pYOrs, ointment classes, The clinic will be open to atients hours, or schedus as needs dictate . Patients who require services theother cicf cannot provide will be referred to other qualified medical care providers. CONTRACTOR will continue to employ Midwife (CNM) a second Certified Nurse benefits, working hours on a full time basis who will be subject to the Clinics for Denton County and Tother his rules of the community prenatal care to patients, employee shall provide CONTRACTOR will maintain a wafting list for those who apply for care at the clinic, individuals provided by appointment on]. t As all prenatal services apoi h y' he clinic will not provide ca°dro p s will be taken into cderationirwhcumsentanc eligible for c patient scheduling. in eligible for Medicaidhe patient must demonstrate g• TO be that elgible , WIC, or are otherwise unable to ache is prenatal care through other means, quire I PAGE 21 r M Mi ~i Agoridaft nE~entla Itom ~s '~_'r~' - . EXHIBIT 11B9' O PRENATAL CLINIC FOR DENTON COUNTY BUDGET FOR COMMUNITY DEVELOPMENT BLOCK GRANT A. Funding of a portion of a salary for a Certified Nurse Midwife: For the period of September 1, 1992 to August 31, 1993, the amount of $24,000 shall be used to pay a portion of the annual salary of a Certified Nurse Midwife. The estimated a annual total salary of a midwife at the time of submission was $39,600, not including taxes or benefits. B. The remainder of funding for this position will come from existing grant funding and from program generated revenues as determined by the clinic. PAGE 22 \ ' e h .CITY CDUNCII - Y I I I 1 J1 - I - I - I oQaauaooo G~4 py~. - CJ. . Dd0'~ ro !e ~p °OOOQOarxn r. ~t ey ,l r, e;Wpdoc9%hope.c Ajcnda No. 33 ~~eadalte eez'e , , ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. AUTHORIZING THE EXPENDITURE OF FUNDS FOR ASSISTANCE TO HOMELESS FAMILIES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. w WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to HOPE, Inc,, in consideration of the valuable public services to be furnished by HOPE, Inc. to the city of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the city council hereby approves the "Agree- ment" attached hereto, between the City of Denton and HOPE, Inc. authorizing the expenditure of funds for assistance to homeless families, and authorizes the Mayor to execute said Agreement. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount specified in the Agreement. C SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of _ 1992. r BOBvCASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, _ APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY C BY $ - 11 (//J 1 -r- . T WIN r4 " (i d ftloda No..._ A)ondaltun~.S S-" 49 AGREEMENT BETWEEN THE CITY OF DENTON AND HOPEt INC. This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City manager, pursuant to ordinance, hereinafter referred to as CITY, and HOPE, Inc., a not-for-profit Texas corporation, hereinaf- ter referred to as CONTRACTOR. ' WHEREAS, CITY has received certain funds from the IJ. S. Depart- ment of !lousing and Urban development under Title I of the Housing and Community Development Act of 1974, as amended; and,I WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assis- tance to the homeless families; and, WHEREAS, CITY has designated the Community Development Of.•fic© as the division responsible for the administration of this contract and all matters pertaining thereto; and,. WHEREAS, CITY wishes to engage CONTRACTOR to carry out such projects r NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual. obligations and to the and accomplishment of the conditions hereinafter described. ormance I. TERM This Contract and agreement shall commence on or as of October 1, 3.992, and shall term.inato on September 30, 1993, unless extended by mutual agreement. II. RESPONSIBILITIES CONTRAC'T'OR hereby accepts the responsibility for the perfor- mance of all services and activities, in a satisfactory and effi- cient manner as determined by CITY, in accordance w_L;h the terms herein. CITY will consider. CONTRACTOR'S executive officer to be CONTRACTOR's representative rosponsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. The Community Development Admin.is:tr.atIl will be CITY's repre- sentative responsible for the administration of this Contract, Ei Aponrla NU.._. III, CITY'S OBLIGATION A. LiMit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall riot exceed the sum of $16,000.00. B. Measure of Liability. In consideration of full and satis- factory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this section and Section VII of this Contract. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this contract. If ade- quate funds are not available to make payments under this Con- tract, CITY shall notify CONTRACTOR in writing within a reason- able time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as spec- ified in Subsection A of this Section or terminate the Con- tract. If CDBG funds eligible for use for purposes of this Contract are reduced, CITY shall not be liable for further pay- ments due to CONTRACTOR under this Contract. (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the City of Denton. I (3) CITY shall not be liable for any cost or portion there- of which: f (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRACTOR, or ter- mination of the Contract, whichever date is earlier; PAGE 2 r I \ i rr, f 1 Axida N0 A9ondaltom._ s.~.6~.~... III. CITY'S OBLIGATION A. Limit of Liability. CITY will, reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $16,000.00. B. Measure of Liability. In consideration of full and satis- factory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for a.ll purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and section vii of this Contract, (1) The parties expressly understand and agree that CITY's obligations under this section are contingent upon the actual, receipt of adequate Community Development Block Grant (CD3G) funds to meet CITY's liabilities tinder this Contract. If ade- quate funds are not available to make payments under thi9 Con- tract, CITY shall notify CONTRACTOR in writing within a reason- able time after such fact has been determined. CITY may, at its option, either reduce the amount of its .liability, as spec- ified in Subsection A of this Section or terminate the con- tract. If CDBG funds eligible for use for purposes of this contract are reduced, CITY shall not be liable for further pay- ments due to CONTRACTOR under this Contract. (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion there- of which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any othor source; (b) was incurred prior, to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this contract, including all exhibits attached hereto; (d) has not been billed to CITY within thirty calendar days following billing to CONTRACTOR, or ter- mination of the Contract, whichever date is earlier; PAGE 2 c y s. ~I~~rdaNo. ~ -33 ~ (e) is not an allowable cost as defined by Section XI of this Contract or the project budget. (4) CITY shall not be liable for any cost or portion there- of which is incurred with respect to any activity of CONTRACTOR '7JJJJI requiring prior written authorization, from CITY, or after CITY has requested that CONTRACTOR furnish data concerning such ac- 1 tion prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Con- tract to any party other than CONTRACTOR for payment of any monies or prov~.si.on of any goods or services. Iv. COMPLIANC" WITH FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this Contract axe funds which have been made available to CITY by the Federal Governmert (U.S. Department of Housing and Urban Development) under the fi,)using and Community Development Act of 1974, as amended, in ac=:dance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and cer- tifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow, CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Contract. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the office of. Management and Budget Circulars Nos. A-110 and A-122, B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it; possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. PAGE 3 1 r. s Y i 9 'J - I),de B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth, C. CITY shall have the right, at its option, to either tempo- rarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either. CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has suspend- ed or terminated this Contract for the reasons enumerated in this section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR tinder the terms of this Contract will in no way be sub- J stituted for funds and resources from other sources, nor in any way J serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. 1 VI. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, at- tached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory per- formance of the program, as determined solely by CITY and in accor- dance with all other terms, provisions and requirements of this contract. No modifications or alterations may be made in the WORK STATE- MENT without the prior written approval of the City's Community Development Coordinator. VII. PAYMENTS TO CONTRACTOR A. Payments to contractor. The CITY shall pay to the CONTRAC- TOR a maximum amount of money totaling $16,000 for services render- ed under this Contract, CITY will pay these funds on a reimburse- ment basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CITY shall not pay in any three month period more than twenty-five (25~) percent of the maximum amount specified above. PAGE 4 I Evaenda►Jo _._Z~ A~jendr, IMw __~J 1 Funds are to be used for the sole purpose of paying as shown in the Budget, Exhibit B. B. Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY s request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: t (1) has resulted in overpayment to CONTRACTOR: or, (2) has not been spent strictly in accordance with the 1 terms of this Contract; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the Contract, should any expense or charge for which payment has been made be subse- quently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Develop- ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) „corking days of a written notice to CONTRACTOR; which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY. D. Deobligation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under- expended funds. E. contract Close Out. CONTRACTOR shall submit the contract close out package to CITY, together with a final expenditure re- port, for the time period covered by the last invoice requesting reimbursement of funds under this Contract, within fifteen (15) working days following the close of the Contract period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. At the termination of the Contract, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format: (1) A cashier's check for the net aggregate amount payable to the City of Denton; (2) A listing showing the Social Security number, full. name, last known complete address and the amount owed to each person involved. PAGE 5 v' r ~4 t Nimida No t. wiida tow- VIII. WARRANTIES CONTRACTOF' represents and warrants that: , A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complet and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. A 8. Any supporting financial statements heretofore requested by CIT: and furnished to CITY, are complete, accurate and fairly re- flect the financial condition of CONTRACTOR on the date shown on said report, and -..he results of the operation for the period cover- ed by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in conflict indtu0re or agreement of CONTRACh withpthe ns of any existing r en thT r.. E, CONTRACTOR has the power to enter into this Contract and accet authporize such acceptance under and the terms and conditions of this Contract. F. None of the assets of CONTRACTOR is subject to any :lien or encumbrance of any character, except for current taxes not delin- quent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment, IX. COVENANTS A. During the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not without the prior Director oaf Planning and Development tor his authorized trepresenta- tive: PAGE 6 r r a ,e n( ett aitarn_ ~ J , (1) Mortgage, pledge, or otherwise encumber or suffer. to b encumbered, any of the assets of CONTRACTOR now owned or here- after acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Contract and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer cr otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any oi,,r firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Contract to acquire or improve real property under CONTRACTOR's control, CON- TRACTOR agrees and covenants: (1) That the property shawl be used to meet one of the national objectives in §24 CPR 570 until August 31, 1996. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 1996, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expendi- tures of non-CDBG funds for acquisition of, or improvement to, the property. X. F ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Contract and in conformance with the standards and provisions of Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein, CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for personnel costs as specified in Exhibit B. PAGE 7 r. n Af~onda (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) out of town travel. f (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to the Person- nel schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. I (S) Fees for attending out of town meetings, seminars or conferences. ' Written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY, Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or r purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance; with the provisions of this Contract, XI. PROGRAM INCOME A. For purposes of this Contract, program income means earn- ings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funding provided or received hereunder, such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income pro- duced from contract supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this contract, and payments from clients or third partl.es for services rendered by CONTRACTOR under this Con- tract. B. CONTRACTOR shall maintain records of the receipt and dis- position of program income in the same manner as required for other Contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received from HUD repreoentatIves , that any fees collected for services performed by CONTRACTOR shall be spent only for operating expenses. PAGE 8 ( 4Y. ,y fa kiondaltom C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing ser- vices or activities. D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, consti- tutes program income. CONTRACTOR is responsible to CITY for the o repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. xII. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other ,pplicabl.e Federal and state regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal. accountability and liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly .,eflect the level and benefit of services provided under this Contract. D. At any reasonable time and as often as CITY may deem neces- sary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payroll::, records of personnel, conditions or employment and all other data requested by said representatives. PAGE 9 r ,y r. N i 1 n XIII. REPORTS AND INFORMATION At such times and in such form as CITY may shall furnish such statements, records, data andu infor at on CONTRACTORas CITY may re nest " y q and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit regular performance reports to CITY no less than once each three months, with the first report due on or before December 1, 1992. The performance report shall detail client information, including race, income and other such sta;,is- tics required by CITY. CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting as of the beginning date specified in Section II and furnish to CITY quar- terly a report of all income received and funds expended. The first such report is due on December 1, 1992. CONTRACTOR agrees to retain an independent auditor to conduct an audit in accordance with the Single Audit Act of 1989, 31 U.S.C. 7501-7. The audit shall be performed in accordance with generally accepted government auditing standards covering financial and com- pliance audits. CONTRACTOR shall furnish CITY a copy of the audit within ten (10) days after receipt of the audit. XIV. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's per- formance under this contract. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the work Statement-, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY' to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY In such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. PACE 1U i` _._9ZZ F• CONTRACTOR shall submit copies of any fiscal or audit reports by any of CONTRACTOR', funding bodies to CITY within five management, TOR. (y) working days of receipt bYery y CONTRAONTRAC- XV. DIRECTORSI MEETINGs During the term of this contract, CONTRACTOR shall cause to be c I delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and lace thereof, shall be delivered to CITY in a timely manner to Such notice notice, and shall include an agenda and a brief description o matters to glue adequate be discussed. CONTRACTOR understands f the CITY representatives shall be afforded access to alldofgt_he es Board that of Directors' meetings. h Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. XVI. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would adequate coverage for services offered under this Contract. provide B. The premises on and in w!iich the activities described in Exhibit A are conducted, and the employees conducting these activ- ities, shall be covered by premise liability insurance referred to as "Owner/Tenant" coverage with CITY additional insured. Upon request of CONTRACTOR ~ commonly at it sole discretion named as an approve alternate insurance coverage arrangements, C. CONTRACTOR will comply with applicable worker.' tion statutes and will. obtain employers liabilit compensa- available and other a y e for grogram participants, if applicable. liability coverage for pplicable, program D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR, All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment valid Texas drivers' license and automobile l ility Evidence of the employee's posses3 a current and insurance must e maintained on apcurrent basisainvCONTRACTORPs files. Sect E. are not allowable costs under this rcontractYeandrremajntthe ie sole responsibility of CONTRACTOR. t ~ I PACE 11 { hiondnNu lendaltnmle-'Sa dJL3~ XVII. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY 's for compliance with the Equal Employment and Affirmati written plan with of this Contractns' in thirt Y Action Y (30 day of the effective date 4 n• CONTRACTOR shall comply with all applicable e u regul al opportunity and affirmative action laws or bl e al e mploy- C• CONTRACTOR will furnish all information and reports re- quested by the CITY, and will and accounts for purposes of invpermit acces esti ationstoo its books with local, state and Federal rules and re ascertain compliance D. In the event of CONTRACTOR's gulations, discrimination th requirements, non-compliance with the non- { Hated, or suspended in wholetor in tract. may be cancer I barred from further contracts with CITpat Yrt pled, termi- and CONTRACTOR2 may be XVIII. PERSONNEL POLICIES Personnel shall he avail able foricies shall be Set bushed b examination. uch y CONTRACTOR and personnel policies shall.. dunes fi and e no pramoctireceliberal, than CITY's personnel , including policies, ment, salary and wa e g policies with respect toemploy- benefits, vacation and sickslea eking hours and holidays , fringe privileges, and travel; and ' B. Be in Of CONTRACTOR writing and shall be approved b and by TTY. Y Liie governing body XIx. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor an governing body presently has any i,literest which would conflict in an any member of its of services re Y manner or degree with the performance, TOR further covenants that in the Performance of this Contract, person having such interest shall be employed or a CONTRAC•- member of its governing body, ppointed as a B. CONTRACTOR further covenants that no member of its govern- ing body oi• its staff, subcontractors or e any interest in or use his position for a the appearance of being motivated b purpose that is or gives by desire for private gain for PAGE 12 } Y. 1 Aotndaftom!~~=' himself, or others, particularly those with which he has family, business, or other ties. no member of C. No officer, member, or employee of CITY and responsibilities its governing body who exercises any function or out of or carrying ~ review or approval of the undertaking decision relating to the in this the Contract shall (1) participate in any Contract which affects his personal interest or the interest in any partnership, or association in which he has direct or corporation, have any interest, direct or indirect, in + indirect interest; or (2) o this Contract or the proceeds thereof. XX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACT u's g wife, bfamily" incdes: rother, sister, in-laws, board. The term "member of immediate father, in-laws, husband, son, daughter, mother, ch aunt, uncle, nephew, niece, step-parent, step-half-brother and half-sister. XXI. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder herll invshall and no portion of the funds received by CONTRACTOR er any political. activity be used, either directly or indirectly, for the election (including, but not limited to, an activity to further any activity or defeat of any candidate for public office) a undertaken to influence the passage, defeat or final content of legislation. B, None of the performance rendered ereun erh hall involve, and no portion of the funds rece redindirectly to the construction, f be used for or applied directly or be utilized so as to operation, maintenance manner o any msectarianO oar religious facility or ~ benefit ia any ny activity. XXII. PUBLICITY A, Where such action is appropriate, as determined by and upon written approval of CITY, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this contract. In any news release, sign, brochure, or other advertising medium, disseminating informa- tion prepared or distributed by or for CONTRACTOR, mention hall be made of the U.S. Department of Housing and Urban Development fund- ing through the city of Denton having made the project possible. PAGE 13 I „ l„ Aluf0aft A13ontlaIP©m- s ~ - B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Contract. When material not origi- nally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. ` All published material submitted under this project shall include the following reference on the front cover or title page: i I This document is prepared in accordance with the City o of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or I other appended documentation to any proposal, content of basic proposal, or Contracts and any re,:4ponses, inquiries, correspondence and related material submitted by CONTRACTOR, shall become the property of CITY upon receipt. XXIII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is pre- paring or submitting any application for funding in accordance with the following procedures: A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (lo) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program descrip- tion, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal. or private funds under any federal or private program without the prior written consent of CITY. XXIV. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both PAGE 14 i Y. 1 i i Aomo;j No t - 16 parties, e:.ar:.)t when the terms of this contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without , prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obliga- tion of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. C. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant 1:ereto may occur during the term of this Contract. Any such modi- fications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the ' Contract on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the con- tract, request changes in Exhibit A which may include an increase or decrease in tho amount of CONTRACTOR's compensation. Such changes :shall be incorporated in a written amendment hereto, as provided in Subsection A of this section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. change in physical location to for t work performed udr this Contract at least thirty (30) calendar days in advance of the change, H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXV. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights is may PAGE. 15 E 4 r. i (J'a j t, 41. otherwise have, may, at its discretion, days written notice to CONTRACTOR, withahnd old upon ten (lo) working further ments to CONTRACTOR. Such notice may be given by mail to theaExecutive G setiforthnthe d f au 1 oorDfailure salof CONTRACTOR. The notice shall for cure. leged, and the action required The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, If CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CI'fY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXV1 may be effectuated. XXV1. TERMINATION A. CITY may terminate this Contract with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXV. (2) CONTRACTOR's violation of covenants, agreements or p guarantees of this Contract. States(3)DepaTermirtmenatntion or Housing reduction and Urban Developmentthe United (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Contract; (b) has allocated inventory to this Contract substan- tially exceeding reasonable requirements; (c) is performancedofithistcontrracteinotheaordinary course of business. (5) Appointment of a trustee, recolver or liquidator for all or substantial part of CONTRACTOR's property, or Institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section IV, and Section XXIV (D), of this Contract, PAGE 16 I l Y A (7) The commission of an act of bankruptcy. which8CONTRACTOROis bound lorlshall benbo bound under the terms of the Contract. CITY shall promptly notify CONTRACTOR in writing of the deci- sion to terminate and the effective date of termination. Simulta- neous notice of pending termination maybe made to other funding sources specified in Exhibit B. B. CITY may terminate this Contract for convenience at any a time. If this Contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In r no event will this compensation exceed an amount which be>,i•s the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Contract, less payments previously made. C. CONTRACTOR may terminate this Contract in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder, CONTRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors f for any expenses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined, PAGE 17 I . t dl aJ XXVII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notificaticn of any such claim, demand, suit or r other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any t ' ype of action or procec:9inq; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. uch written notice shall be du]ivered either personally or by mail. n , XXVIII. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising there- under., to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. B. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original in- tent of both parties hereto. XXIX. INDEMNIFICATION A. It is expressly understood and agreed by both parties here- to that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY., its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the perfor- mance or omission of any employee, agent or representative of CON- TRACTOR. B. C014TRACTOR agrees to provide the defense for, and to indem- nify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the f use of these contracted funds and program administration and .imple- mentation except to the extent caused by the willful act or omis- sion of. CITY, its agents, employees, or contractors. PAGE 18 C r, e fAo "Wo C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy i available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved, n No representative or agent of CITY may waive the effect of this provision. D. This contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whekher writ- ten or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Contract. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Contract, all official communica- tions and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below: TO CITY: TO CONTRACTOR: City Manager Barbara Atkins City of Denton HOPE Inc. 215 E. McKinney St. 1213 N. Elm Denton, Texas 76201 Denton, Texas 76201 IN WITNESS OF WHICH this Agreement has been executed on this the day of 1992. CI'T'Y OF DENTON BY: LLOYD V. HARI2ELL, C1TY MANAGER PAGE 19 d Or Aflooda ltam._i S : p.<<, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: G APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY o BY HOPE, INC. BY:Ci 16a~~ Barbara Atkins ATTEST: C , *RD SECRETARY 4 hop*,S PAGE 20 r. 4i Nnnda No EXHIBIT "All HOPE, INC, STATEMENT OF WORK FOR TRANSITION HOUSING The purpose of the project is to assist families who h less, or potentially homeless toward establishing and maintreaionimneg- utilityfassistance, and limited other financial would a a provide determined by the needs of the pilot study families. The number of families in the pilot study would be two or three, and rent and utility assistance would be for a period of 12 to 24 months. HOPE, Inc, will assist the pilot study families with assese:ment of educational or vocational skills and training, with budget skills, with job search skills, and with counseling or other social services. HOPE will also monitor on a weekly basis, records of expenses incurred, receipts, and proof of family income. It is anticipated that client families who are in the pilot study will be able, after the one to two year assistance period, to improve their situation enough to be able to afford decent, safe, and sanitary housing without the need for rental assistance and continuing emergency aide from Denton agencies, 1 l PAGE 21 t t. r s, t Auetida No Agondaltem 013 a,/ .Z D EXHIBIT $$Bit HOPE, INC. PROJECT BUDGET 1 FOR PILOT STUM TRANSITION HOUSING s ~ Personnel Costs:... $ 41000.00 one caseworker at $8.00-$9.00 per hour up to 20 hours per week Rent, Utilities, Other Financial Aid........ 12,000.00 TOTAL $160000.00 I i PAGE 22 i i f y \ C I TY COUNCIL . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . _OO0~~dti99Q0 Unq~0o ~ 00 i N~,pp 0 L 2 _ ~ L o a: 'y f 'pOpNro Sep 0000 0 T- Tl ITT r "H e ~r e:xpdocs\tuucare.o q '2 33 A~aiida Agenda Hem ? . ORDINANCE: NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON HOUSING AUTHORITY TO PROVIDE FUNDING TO TWU CARES, A PRIMARY HEALTIT CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PPOVIDING FOR AN EFFECTIVE DATE. 0 WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to the Denton Housing Authority, in consideration of the valuable public services to be furnished by the Denton Housing Authority to the City of Denton in accordance with the Agreement attached heretol NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Agree- ment" attached hereto, between the City of Denton and Denton Housing Authority to provide funding to TWU Cares, a primary health care clinic, and authorizes the Mayor to execute said Agreement. SECTION II,. That the City Council authorizes the expenditure of funds in the manner and amount specified in the Agreement. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. i PASSED AND APPROVED this the day of , 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL, FORM: DEBRA A. DRAYOVITI'kl, CITY t%TTORNE-Y c. V ` r. A,g8ndalt/opl'X~ ~'~J AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON HOUSING AUTHORITY This contract is made and entered into by and between through its of Denton, a Texas municipal corporation, acting by and City Manager, pursuant to ordinance, hereinafter referred to as ` 7and Denton Housing Denton, Texas CITY, MIEREAS, CITY has received certain funds from the U. S. ~ Department of Housing and Urban development under `title I of the I Housing and Community Development Act of 1974, as amended, and; WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds to Denton Housing Authority, who, with Texas Woman's University, sponsors a health clinic, and; WHEREAS, CITY has designated the community Development Officel)Vj as the division responsible for the administration of this contract and all matters pertaining thereto, and; WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. T E RTd This Contract and agreement shall commence on or as of October 1, 19921 and shall terminate on September 30, 1993, unless extended by mutual agreement. II. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein, CITY will consider CONTRACTOR'S executive officer to be CONTRAC`I'OR's representative responsible for the management of all contractual matters pertaining hereto, unless written notifica- tion to the contrary is received from CONTRACTOR, and approved by CITY. 'rhe Community Development Admini,tratdi,rx•will. be CITY',.; repre•- / sentati.ve responsible for the administration of this contract. \ a` Y. 3 tuonoa No. ~ ' - A[ienda Ham-le Y ~rl III. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the contract, the total of all payments and other obligations made or incurred by CTTY hereunder shall not exceed the sum of $21,374.00. B. Measure of Liability. In consideration of full and e i satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Sections and Section VII of this Contract. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this contract. this adequate funds are not available to make payments under Contract, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has bean determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or t oseis of this Contract. If CDBG funds eligible for use for pure Contract are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Contract. (2) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which; (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (r.) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRAC- TOR, or termination of the Contract, whichever date is earlier; PAc;E 2 , q r -r--__- ~.,rT.. A;1orl71a N0..__ 7,07': hgnnda Itam__S (e) is not an allowable cost as defined by Section XI of this Contract or the project budget, (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until , CITY advisos CONTRACTOR to proceed, (5) CITY shall not he obligated or liable under this contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services, IV. COMPLIANCE WITH FEDERA L, STATE and LOCAL LAWS to this contractOarenfundss~whic~hrhave'~been prvided to it avvailable pursuant CITY by the Federal Government (U,S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved specific assurances. Accordingly, CONTRACTOR tass resatand certifies that it will comply with the requirements of the Housing and Community t:evel.opment Act of 19'74 (P,L, 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Contract. CONTRhr:TOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122, 4 H. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton, V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. PAGE 3 a 70~ Agendalfew_ !{~s B. The person or persons on behalf of signing and executing this Contract CONTRACTOR, do hereby warrant and guarantee that ho, she, or they have been fully authorized by CONTRACTOR to execute this contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has suspended or terminated this contract for the reasons enumerated in this Section. 0. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any way serve to :-educe the resources, services, or other benefits which would Nava been available to, or provided through, CONTRACTOR had this contract not been executed. VI4 PERFORMANCE BY CONTRACTOR CONTRACTOR wilt provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit D, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Contract. STATEMENT dwithout nthe rprioreY'awrittenmaa be made in the WORK Community Deve;opment Coordinator, ppkOval of the City s VII, PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money _.)taling $21,374 for services rendered under this Contract. CITY :dill pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after.' CITY has received supporting documentation. CITY Ghall not pay in any three month period more than twerty-five (25%) percent of the maximum amount specified above. PAGr 4 4l ! r. ~~oude N~ - 2a ~ IaAa _ / ~y' 0?3 sue,, Funds are to be used for the sole purpose of paying the salary and benefits for a nurse-midwife as shown in the Budget, Exhibit B. B. Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines. (1) has resulted in overpayment to CONTRACTOR: or, (2) has not been spent strictly in accordance with the terms of this Contract; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the contract, should any expense or charge for which payment has been made be subse- quently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Develop- ment, or any other Federal agency, CONTRAC' DR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY. D. Deobligation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of perf,)rmance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under- expended funds. E. Contract Cl.oae Out. CONTRACTOR shall submit the Contract close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this contract, within fifteen (15) working days following the close or the Contract period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. At the termination of the Contract, all unclaimed (30 days ar older) salaries or wages must be returned to CITY in the following format: (1) A cashier's check j.-or the net aggregate an-iunt payable to the City of Denton; (2) A listing showing the Social. security number, full name, last known complete address and the amount owed to each person inv.,lved. ` PAGE, 5 `rI` 1 J. p. p 7 ttondaltem_~ ~ vill. WARRANTIES CONTRACTOR represents and warrant, that; A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, ' since that date, have not underc;one any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by r CITY and furnished to CITY, are complete, accurate and fairly " reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or proceedings are presently pending or threatened aga?nst CONTRACTOR. D. None of' the provisions herein contravenes or is in conflict with the authority tinder which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR. E. CONTRACTOR has the power to enter into this contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance tinder the terms and conditions of this Contract. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except. as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representation, and o:arranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. IX. COVENANTS A. During the period of time that payment may be made 'sere- ~ under and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or, his authorized representa- tive; CPAGE G c d!v -0 Awdallum-_. ' loy (1) Mortgage, pledge, or otherwise encumber or suffer to A encumbered, any of the assets of CONTRACTOR now owned or here- after acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Contract: and with respect to which CITY has ownership hereunder. (2) sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claJins for money due or to become due. (3) Sell, convey, or lease all or substantial part of :;i3 assets. a + (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, ,.uroty, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Contract to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) ,hat the property shall be used to meet one of the nations: objectives stated in X24 CFR 570 until August 31, 1996. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 1996, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expendi- tures of non-CDBG funds for acquisition of, or improvement to, the property. X. ALLOWABLE C0ST0 A. Costs shall be considered allowable only If incurred directly specifically in the performance of and in compliance with this contract and in conformance with the standards and provisions of Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to lie considered allowable costs; (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for personnel casts as specified in Exhibit B. PAGE 7 i` r. ty _ f NIpntla NO .s Ago lda llOfll. /~J ~ (7) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this contract. c (3) Out of town travel, (4) Any alterations or, relocation of the facilities on and in which the activities specified in Exhibit A are conducted, (5) Arjy alterations, deletions or additions to the Person- ` nel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services, (7) An fees or Y payment., for consultant services, (8) Fees for attending out of town meetings, seminars or J conferences. Written requests for prior approval are CON'T'RACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to thn commencement of procedures to solicit or purchase services, equipment, or real or personal property, Any procurement or purchase wl'ich may be approved under, the terms of this Contract rust be conducted in its entirety in accordance with the prov.i.,ions of ehis Contract, XI. PROGRAM INCOME A. For purposes of this Contract, program income means earnings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funding provided or received hereunder, Such earnings include, but are not limited to, income from interest, usage or rental or lyds;e fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties f)r services rendered by CON'T'RACTOR under this Contract, I3, CONTRACTOR shall maintain records of the rec~iipt and disposition of program income i.n the same manner as required for other contract funda, and reported to CITY in the format prescribed by CITY. CITY and CONTRAC'T'OR agree, based upon advice received from HUO representatives, that any fees collected for services performed by CONTRACTOR shall be spent only for operating expenses. i1AGE 8 r 1 , ow -T , At onda liom_~~~ 4 1&3 CTOR all of its s,,; contr ct,inwhich tinvolveetotherr~income-producing services or activities, D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or , indirectly from this Contract, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by program income, unless otherc•ri CITY to be se approved in writing by CITY, XSI. MAINTLNANCE OF RECORDS I A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this contract, in compliance with the provisions of exhibit Il, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACI'OR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure, Nothing in this Section shall be construed to relieve CONTRACTOP of fiscal accountability and liability under any other provision of this contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts, D. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve current recordsTWhich c1earlyllrefl.ectl the n level lnind accurate and services provided under this Contract, D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, BUD, or any of their authorized representatives;, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make exc:er'f)t-s and c,opie ; of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said represent.at.i-ves, ` PAGP 9 r. , P RMU XIII. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR c Shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Contract. t CONTRACTOR shall submit regular prrformance reports to CITY no less than once each three months, with the first report due on or ° before December. 1, 1992. The performance report shall detail 1 client information, including race, income and other such statis- tics required by, CITY. CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting as of the beginning date specified in Sectlon 11 and furnish to CITY quarterly a report of all income rr3ceived and funds expended. The first such report is due on December 1, 1992, f If the contract is for funding of $25,000 or more, the CONTRAC- TOR agrees to submit an audit conducted by independent examiners within 10 days after receipt of such. XIV. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Contract, B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work `1tatement, and Program Goals and objectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract, development, C, CONTRACTOR agrees to --ocperae fully with CITY in the systems and to provide data determined by CITY Lo be necessary for CITY to effectively fulfill its monitori.nq and evaluation responsi•- bi.lities. D. CONTRACTOR agrees to cooperate in such a tray so as not to obstruct or delay CI'T'Y in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official. monitoring visit, CITY shall provide CONTRACTOR %.~itn a written report of monitoring findings. F. CONTRACTOR shall submit copies; of any fiscal, management, or audit reports by any of CONTRAC`I'OR's I-unding or regulatory bodies to CITY ,iithin five ('i) ,.io0-,incj days of receipt by CONTRAC- TOR. PAGE 10 4 V. I ol11^nda No Agonda Now a~ XV, l/ DIRECTORS, MEETINGS ' During the term of this Contract, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof, Such notice shall be delivered to CITY in a timely mariner to give adequate notice, and shall include an agenda and a brief description of the a matters to be discussed, CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings, Minutes of all meetings of COIJ'PRACTOR's governing body shall be available to CITY within ten (1.0) working days of approval, XVI, INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coveroye for services offered tinder this Contract, B. The premises on and in which the activities described in Exhibit A are conducted, and the employees canducting these activities, shall be covered by premise liability insurance, commonly referred to as Towner/Tenant" coverage with CITY named as an additional insured, Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments, C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obi'.ain employers' liability coverage where available and other appropr-late liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CON'T'RACTOR, All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas drivers' license and automobile liability insurance. Evidence of the employee's current possesriian of a valid license and insurance must be maintai.ncd on a current basis in CONTRACTOR's files, Section are Actual n t allowable COStsS 11CIO - this rContract,earidrremaintthe sole responsibility of CONTRACTOR. PAGE 1.1 I 5 r. ..mss Nentla No ' . nl;Fmcia Ilam_~? ~ ~w~~ ~G7lr XVII. EQUAL OPPORTUNITY CONTRACTOR Compliance with hshall Fqul submit Efor mp.lyment ~arid oAffi.rmative Action c Federal provisions, within thirty (30) days of the effective date of this Contract. A. CONTRACTOR shall comply with all applicable equal employ- , ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports requested b; the CITY, and will permit access to its books, records, and accounts for, purposes of investigation to ascertain compliance with local., state and Federal ruler and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, the Contract may be canceled, terminated, or suspended in whole or in part, and CONTRACTOR may be barred from further contracts i..ith CITY, i XVIII. I PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and 1 shall be ava.ilabl.e 1'cr examination. such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel, and B. Be in writing and shall be approved by the governing i•.)ody of CONTRACTOR and by CITY, , XIX. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither. it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner ar degree with the performance of services required to be performed under this contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B. ',.,TRACTOR further covenants that no member of its governing body or its craft, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private ' PAGE 12 t 1 r. r 3 i ~ `~-F., ,4_~ _ niinntla Item-1-_----5~~___ ; gain for himself, or others, particuleirly those with which he has family, business, or other ties, C. No officer, member, or employee of CITY and no member of its governing hody who exercise:; any function or responsibilities in the review ur approval of the undertaking or carrying out of 4 this Contract shall (1) participate in any decision relating to the Contract which affects his personal intOl-OSt or the interest in any corporation, partnership, or assoCiation in which he has irect indirect interest; or ~ this contract or indirect the (Z) have any Interest, direct or indirect, in proceeds thereof, , XX, NEPOTISM CONTRACTOR shall not employ in any pciid capacirsn who tf is a member of the immediate family of any persc n twhon ipcurrently employed by CONTRACTOR, or is a member of CONT'RACTOR'; board. The term "member of immediate fam.tl j governing husband, son, daughter, mother, father, brother,1ister,s in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. xxi, POLITICAL OR SE CTARIAN ACTIVITY A. None of the performance rendered hereunder sha;~l :involve and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirect:.ly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the pasSc1cj0, defeat or final content of legislation, B. None of the performance rendered hereunder shall involve and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be util.Izeci so as to benefit in any manner any activity, sectaz'i.11, or religious facility or XXII, PUBLICITY A. Where r,uch action is lppropz-J.ate as determined approval of CITY, L,e til by and upon conducted by CONTRACTOR Undelrthis conltractL1blTrcia~ ynewscrelease, sign, brochure, or other advertisinq medium, disseminating informa- tion pr.eizared or distributed by or for CONTRACTOR, mention shall be made of the U,S. Department of Housing and Urban Development fund- ing through the City of Denton having made tile project possible. PAGE 13 I,t d Pmmda Ilent_ B, All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this contract, When material not origi- nally developed is included in a report, the report shall identify c the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format, ! All published material submitted under this project shall include the follotti!,ng reference on the front cover or title page: This document is prepared in accordance with the city of Denton's Community Development Block Grant Program, with funding reoeived from the United States Department of Housing and Urban Development. C. All re,)orts, documents, studies, c!tarts, schedules, or other appended dor.-umentation to any proposal, content of basic proposal, or Contracts and any responses, inquiries, correspondence and rolated material. submitted by CONTRACTOR, shall become the prope^ty of. CITY upon receipt. XXIII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures: A. When the application is in 'l^ planning stages, CONTRACTOR shall submit to CITY a description , the funds being applied for, and proposed ube of funds, B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such fundinci on the funds and program(s) contracted hereunder. Such notice shall b,a submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTI" -OR, together with copies of the budget, program descrip- tion i contract, C. CONTRACTOR shall not US0 funds provided hereunder, either directly or indirectly, as a Contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXIV, CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Contract shall be by written :amendment executed by both PAGE 1.4 ,s. , i -321 ~+~3nntl21tmn_ parties, except: when the terms of this Contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved G line-.items within budget categories set forth in Exhibit B without prior written approval of. CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Contract.. In addition, budget ~ revisions cannot significantly change the nature, intent, or scope of the program funded under this COJltract, C. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit 13. D. It is understood and agreed by the parties hereto that changes in the state, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Contract, regl-est changes in Exhibit A which may include an increase or do-.rease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in .D'uba'ection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhi}:it 13 shall require the prior written approval of CITY, G. CONTRACTOR agrees to notify CITY in writing of any proposed change in phyeical location for work perf( Lmed under this Contract at least thirty (30) calendar clays in advanca of the change, N. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. I. It is vxprc3ssly understood that neither the performance of Exhibit A for any program contracted hereunder nor U ,e transfer of funds between •)r among said programs wi11 be permitted. XXV. susmsION OF FUNDING Upon determination by CITY of COVTRACTOR's failure to timely and properly perform each of the requirement;;, time conditions and PAGE 15 \ 4. r Agel1(13itcn.l-'.~ duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ton (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the EXecutive t Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corr9ctive action, but in no event shall it exceed thirty (30) calendar days. At thr- end of the suspension period, if CITY determines the default or deficiency has been I satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVr may be effectuated. XXVI. , TERMINATION A. CITY may torminat,e this Contract with cause for any of the following reasons., (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to , endanger performance under this Contract; (b. has allocated inventory to this Contract substan- tially exceeding rea!ionahle requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Contract: in the ordinary course of business. (5) Appointiment of a trustee, receiver or liquidator for all or substantial, part of CWPPRACToR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquid- ation proceedings by or agaJnst CO[T11RACTOR. hAcl; I r, T. kj)01~da No Rih (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laWs or regulations as provided in Section IV, and Section XXIV (O), of this Contract. (7) The ccmmission of an act of bankruptcy, ti (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Contract, CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. ' simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B, B. CITY may terminate this Contract for convenience at any time. If this Contract is terminated by CITY for convenience, CONTRACTOR will br_ paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually + performed bears to the total services aC CONTRACTOR covered by the Contract, less payments previously made, C. CONTRACTOR may terminate this Contract in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations cf this Contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by F. breach of contract as defined herein or as dnfined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may germinate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminato any outstanding orders or subcontracts which relate to the performance of this Contract. CITY nhall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date, E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damage:, sustained by CITY by virtue of any breach of the Contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until l such time a.-, the exact ariount of PAGE 17 c A<1ot~t1~781n r damages due determined. to CITY from CONTRACTOR is agreed upon or otherwise XXVII. NOTIFICATION OF ACTION DROUGMT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRAcroiR shall give " CITY within two (2) working days after written nonotico ref to tifiedhof ouch claim, demand, suit or other action. Such notice shall state the date and hour Of notification of any such claim, demand, suit or other actient the names and corporation or other entity makingesuch claim, or that instituted , firm or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding. and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail, XXVIII. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY, B. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaininq provisions shall. remain in full force and effect and ccni-+.nue to conform to the original intent of both parties hereto, XXIX, INOEMNXFICATION + A. Tt is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CI117, its officers, agents and employees harmless from all liability of any nature or kird, incloding costs r:'Ind expenses for, or on account of, any claims audit exceptions, demonds, suits or damages of any character whatsoever resulting in whole or in part. from the perfo mance or ominoion of any employee, agent or representative of B. CONTRA('VOR agrees to provide the dofease for-, and to indemnify and hold harmless cI'fY its agents, employees, oil demandstorn from any and all claims, suits causes of action, arising , ,d g , losses, attorneys fees, expenses, and liability administration of and ei mpl.ementa tiicone except ,toeth<f Ltc'xtent and dosed rk>y prog PAGE 1 B i kf I d the willful act or omission of CITY, its agents, employees, or contractors. Z C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a .vaiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its right-, hereunder, which rights, powers, privileges, or remedies are always specifically preserved, No representative or agent of CITY may waive the effect of this provision. D. This contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- written orboral ~mshallnhave antecedent cedoYce to or this. contract, owhatsoeverl nor shall any agreement., assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Contract, E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to [IUD for matters, of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this contract, all official communica- tions and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below: T CITY: 'i'0 CONTI ACTOR: City Manager Marian Hamilton, City of Denton Executive Director 23.5 E. McKinney St. Denton Housing Authority Denton, Texas 76201 308 Sc, Ruddell Denton, Texas 76201 PM Ii:: 19 i, ii R IN WITNESS OF NHICH this Agreement has been executed on this Z the day of 1992. CITY Ol' DENTON BY: _ _ _ LLOYD V HARRELL, CITY MANAGER ATTEST; JENNIFER WAITERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: DEBRA A, DRAYOVITCH, CITY ATTORNEY ! 1 BY: DENTON HOUSING AUTHORITY BY: ATTEST: BOAR SECRET vu tNUCnre,k \ LY ` IIAGE 20 < 7 a t' 1 EXHIBIT IPA" !,/1 DENTON HOUSING AUTHORITY STATE14ENT OF WORK Denton Housing Authority sponsors a primary health care clinic located on the property of the Phoenix Apartments, a multi-family housing project managed by the Denton Housing Authority. A The clinic is a nurse-run facility staffed by registered nurses from Texas Woman's University who are working on advanced degrees in public health nursing fields. ,a The purpose of the clinic is to provide high quality, accessible health care to the very-low income population of Denton which is looked out of the conventional health care system by lack of funds and the reluctance of the local. medical establishment to accept Medicaid. Through a combination of on-site service:, and referrals to local medical professionals who have agreed to cooperate on a volunteer basis and to others who will +:iccept: referrals and accept partial or discounted payments for their services the clinic has been able to develop an effective system of delivery of essential medical services which Includes preventive medicine and education, testing, treatment, and on-going care. PAGE. 2 1 A` i_ I i i AroIIda Ito At_ haro ~.7 EXHIBIT nB" DENTON HOUSIJIG AUTHORITY PROJECTED BUDGET COMMUNITY DEVELOPMENT BLOCK GRANT MEDICAL RECORDS SOFTWARE BUDGETED AMOUNT - $ 30000.00 4• DENTAL CLINIC BUDGETED AMOUNT - $ 40187.00 Permanent Equipment ...................$1,000.00 Supplies, and non-volunteer ServiCOS,..$8,187.00 TOTAL $_2.L%07.00 HEALTH CARE CLINIC BUDGETED AMOUNT - $ 90187.00 Permanent equipment 1 000.00 Supplies, Re-errals I Arid Safety Measures $ 8,187.00 GRANT TOTAL $2. 1j3744,00 I Supplies may include disposable items, prescription and non- { prescription drugs and office supplies as well as computer supplies, i h;afety Supplie@ may include rubber q'ove,s, masks, sealed units for safe disposal of used needles, etc, Re_g zg:A1.3 may include payments far non-volunteer services by modical specialist, Pharmacists;, etc. armar;Fit_~guippent may include a self-contained dental equipment unit, :Lab equipment, equipment to erh:anco record keeping capabili- ty, etc. PAGE r? \ i r CITY COUNCIL o~°padd09 0 p~~~o o a O •~O F h GG.::. • ~O° r o N Y n0 . COGGOUp~° , i Ii I DATE! 11-03-92 t CITY COUNCIL JREPORT FORMAT TOt Mayor and Members of the City Council FROM9 Lloyd V. Harrell, City Manager suHJO Approval of ordinancOO for expenditure of General Funds for Human Services. a' >r RECOMtkE nATIO t Approve ordinances authorizing the city manager to sign Friends of thetFamilyb,®FrednMothe Cit of Denton and ore Child Care CentrNa d+CitY ICOUnty Day Nursery. pA IgRO NDt 1 During the spring funding hearings, the Human Services committee received requests from human servicere agencies. The Human Services Committee comprised and recommended funding in tha amount of $129,800 to City Council as their 1992-1993 Human Services Budget. The council City Council allocating la budget of September 15, recommendation $114,444. OUMMARYt The aforementioned approved budget specified the use of $32+670 by 11riends of the Family to provide social service programs, $27,720 by Fred Moore Child Care center to provide child sere to low income P.amdies+ $25,74 SPAN to Nursery programs ~ City-CouY Day Y income families. pROdRAMA. DEpARTVWT_8 OR a _OP .~F_F&C4T, Fib t N/A FIpCAL TMPACTt The 1992^1993 Budget includes the Human services Budge' Al.looation. Restfully ubmitteds Lloyd V. Harrell city manager k 1 U n Report Format Page 2 n.~Qiufalterri_.cS~ C2? Prep&red byt Eric R. Rillipsf/~ Program Assistant ApprWIRRo n hn in AiCP Executive Director for Planning & Development I ~ r carfadS7.con a` i V h A, Lida Nu c 3 AUendaltent.= ORDINANCE NO.- AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. e WHEREAS, the City Council has determined that it is in the beat Interest of the citizens of the City to proAde public funds to Denton County Friends of the Family, in consideration of the valu- able public services to be furnished by Denton County Friends of the Family to the city of Denton i.n accordance with the "Agreement" attached hereto; NOW, THEREFORL, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTI_O1. That the City Council hereby approves the "Agree- ment" attached hereto, between the City of Denton and Denton County Friends of the Family, and authorizes the Mayor to execute said Agreement, { SECTION_~_ That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. i SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. I PASSED AND APPROVED this the day of 1992, BOB CASTLFBERRY, MAYOR ATTESTt aENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY t AAA00050 Y. e AfWfidalionve' ? 11 Pile _../C~_: AGREEMENT BETWEEN THE y CITY OF DENTON, TEXAS AND DENTON COUNTY FRIENDS OF THE FAMILY 1 This Agreement is hereby entered into by and between the city ; referred to as °Cita Home Rule Municipal evrpara'cion, a non-profit r.orporatiand thPe Denton count F hereinafter on Y riends o f t h ~ he ereinafter referred to as a 0' Box 623, Denton Family, Agencyrlj Denton, Texas 76202, WHEREAS, the City's Human Services Committee formthe and the determined thekt the Agency has reviewed gard to race, religion, withoutpre color ants of Denton - 1 recommends funding the A enc age or national are in g Y1 and g j and HRC WHEREAS, the City has determined that the A tance tance and can provide needed services to citizens of the Cit has provided Agency merits assis- in its budget for t;18 purpose of y and contractual. services! paying for NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SQqPE QZ_q_ERVrCEs The Agency shall in a satisfactory and prv or the following tasks, for which the monies be used; p manner perform provided by the city may A. Provide emergency residential shelter to women children, who are victims of family violence, and their ' B. Provide counseling, on both a residential and nonresidential basis, to family members, to assist them in emotional and physical trauma of farnil dealin Y violence. g with the C. Provide counseling services families, to victims of rape and their. D. Provide community education services concernin family Prolenoe, g rape and II • O!_3L~GATTON^~ OF AgjL In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditionsr A. It will establish a separate bank account for deposit of the Thirty-two Thousand six Hundred Seventy and No/100 Dollars paid to the Agency by the City and the onl ($32,670,00) Y expenditures r,,~~, I , I d I from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as w provided for herein, Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. i i B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the city's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the city, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agencyls fiscal year, G, It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other city officials when requested. I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, Its employees, and/or contractors. J. it will submit to the City of Denton copies of year-end audited financial statements, III. ilF-~ _0~ PERb'OftMAri-F The services funded by the City shall be undertaken by the Agency within the fol,low.ing time frame; October 1, 1992 through September 30, 1993, c PAGE 2 r l{~nnrJ~ flu. j! - Ariantla Ifun: 03ln IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 110 West Oak, Suite A, Denton, Texas 76201, Attn: Community Development Coordinator: $8,167.50 on or after January 1, 1993 $8,167.50 on or after April 1, 1993 $8,167.50 on or after July 1, 1993 $8,167,50 on or after September 30, 1993, B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Thirty-two Thousand Six Hundred Seventy and No/100 Dollars ($32,670.00) for all of the services rendered. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services, V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whAreby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion, In addition, the Agency agrees to provide the city the following data and/or reports: A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports, C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Shelter services: a. Total number of clients served. b. Number of shelter days. c. Number of client counseling hours. 2. Hotline crisis line: a. Total number of calls, b. Number of family violence calls. c, Number of batterers calls. d. Number of sexual assault calls. PAGE 3 t' r M i Agnli(181tom 3• Outreach services) number of a. Family violence calls, number of b. sexual assault victims served, c. batterers served. d. Total clients, counseling hours. e. Homemaker's clients served and number of hours served, f. Adult parenting clients served. g. Total parenting hours, 4. Number of volunteers, 5. Number of volunteer hours. s• Race and/or ethnicity of clients, D. The Agency agrees to subniit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances, E. An explanation of any major changes in program services, F. An explanation of use of funds to provide additional services. V1. r+~T9Fi's ET GS During the term of this Contract, the Agency shall cause to be delivered to the city copies of all notices of meetings of its Board of Directors, setting forth the time and place thareof. such notice shall be delivered to the Ci in a timely manner to give adequate notice, and shall inclU0 an agenda and a description of the matters to be discussed. A enc brief agrees that City representatives shall be afforded as cessa to all Board of Director's meetings. Minutes of all meetings of the Agency's available to the City within teti (10 governing body shall be ) working days of approval. VII. SU„SpNn~gR 'PERMIN TIO in case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, the Agency will. remit to the City any unexpended city funds, Acceptance of these funds shall not constitute a waiver of any claim the city may otherwise have arising out of this agreement. PAGE 4 4.. , A 4ef)di No. X VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval, a written plan for v compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract, i R. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. ° C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the city. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the performance of this contract, no person having such interest shall be employed or appointed as a member of its governing body. 6. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the city and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct ur indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. NEPOTI„M Agency shall not employ in any paid capacity any person who is a member of the immediate fami.l, of any person who is currently employed by Agency, or is a member of Agency's governing board, PAGE. 5 , ,J h kjoitdi No ~ ~ y The term "member of immediate famil son, e , ldaught hew unc mother,father, brother ' si ncludes ster : wifea,ws aunt husband, ne er, , in-l p-parent, step-child, half-brother, ' niece, ste and IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the - , 1992. day of 4 CITY OF DENTON, TEXAS BY: _ BOB C TSA LEBE Y,- MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. i APPROVED AS TO LEGAL FORM: 4 DEBRJk A. DRAYOVITCH, CITY ATTORNEY BY: DENTON COUNTY FRIENDS OF THE FAMILY BY: DIRECTO ATTEST: BY: _ SECRETARY AAA00050 ` PAGE 6 1 F Y --CIT COUNCIL. f I - ! ooo~oooaoo o ao<~op : i i. OO + N c C7 - POD tom:. ~ppd~4d0(76t;On~~O ~ - i fgnrnfaNo. Agooda Iter y~ ` (til~I~ a r..L. ORDINANCE NO. AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO ~ EXECUTE THE AGREEMENT APPROVING THE PROVIDING FOR AN E FFCTIVE DATE. EXPENDITURE OF FUNDS THEREFOR; WHEREAS, tho City Counui7. has determined that it is in the best interest of the citizens of the City to provide public funds to Fred Moore Child Care Center, in consideration of the Valuable public services to be furnished by Fred Moore Child Care Center to the City of Denton in accordance with the "Funding Agreement" attached here- to; NOW, THEREFORE;, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: §F,~CT_ION r That the City Council hereb approves attached hereto, between the Cit fDe the ~~FUnFred nton More Child. Care Center, and authorizes the Mayor to execute said agreement, SECTION II. That ttie city Council authorizes the expenditure of funds in the manner and amount; as specified in the Agreement, UCTIoLII,, That this ordinance shall become effective imme- diately upon its passage and approval. PASSEL ND APPROVED this the say of ~_r 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY II BY. APPROVED AS TO LEGAL FORM: DEhRA A. DRAYOVI'TCH, CITY ATTORNEY BY, AP.A0005 6 i i d ACREEMENT BETWEEN THE ` CI:TY OF DENTON, TEXAS AND FRED MOORE CHILD CARE CENTER This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and the Fred Moore Child Care Center., a .non- 4 profit corporation with offices at 821 Cross Timbers Denton, Texas 75201, (hereinafter referred to as Agency); WHEREAT;, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and + therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assis- tance and has provided for Twenty-seven Thousand Seven Hundred Twenty No/100 Dollars ($27,720.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows; I. agQP_F OF SERMQEu The Agency shall in a satisfactory and proper manner perform the following tasks.; A. To provide low cost day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. I. OBLIGATIONS OC AGENCX In consideration of the receipt of funds from the City, Agency agx'c=es to the following terms and conditions. A. It will establish a separate bank account for deposit of the Twenty-Seven Thousand Seven Hundred Twenty and No/loo ($27,720.00) Dollars paid to the Agency by the city and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in thu scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. for thist prwill ogram that establish, will operate, forn a tracing maintain of an fundsl~andsasre- view of the financial status of the program, a `J ~ '1 dI 9~~'1J ' pp 4 ~ a~ if AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE CHILD CARE CENTER This Agreement is hereby entered :into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter ` referred to as City) and the Fred Moore Child Care Center, a non- profit corporation with offices at 821 Cross Timber, Denton, Texas 76201, (hereinafter referred to as Ageincy); WHEREAS, the City's Human Services Committers (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and I WHEREAS, the City has determined that the Agency merits assis- tance and has provided for Twenty-seven Thousand Seven Hundred Twenty No/100 Dollars ($27,720.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows; I. 39COPE OF SE_V CES The Agency shall in a satisfactory and proper manner perform the following tasks: A. To provide low cost day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. II. 013JLgATI02 ~ OE AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions; A. It will establish a eieparate bank account for deposit of the Twenty-Seven Thousand Seven Hundred Twenty and No/100 ($27,720.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein, Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a re- \ view of the financial status of the program. . 5 r. """"'""'---saw . h ~I r~ f IL --.2 C. It will permit authorized officials for the City of Denton to review its books at any time, D. It will reduce to writing all of its rules, regulations, and ` policies and file a copy with the City's Community Development Of- fice along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the G City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to ✓ r refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will. promptly pay all bills wh,an submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to i meet with the r,xecutive Director of Finance and other City officials when requested. I. it will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Ageneyr its employees, and/or contractors and save and hold the city harm- less from all liability, including coats, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in port from the performance or omission of any act of any employee, agent or representative of the Agency, J. Each year, it will submit to the City a copy of its year-end audited financial statement. TII. TIMI; _OF PERFORMAIiCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1992 through September 30, 1993. TV. I2THOb QF PAYMFyNT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator: PAGE 2 A i. i ,i J n $60930 on or after January 1, 1993 $60930 on or after April 1, 1993 $6,930 on or after July 1, 1993 y $6,930 on September 30, 1993 B. It is expressly understood and agreed that in no event under I the terms of this contract will the total compensation to be paid hereunder um of Twenty-Seven Thousand Seven rendered. exceed the maximum s Hundred Twenty No/100 Dollars ($27,720,00) for all of the services n C. The City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. V . 9~A LUAT TQN 1 The Agency agrees to participate in an implementation and main- tenance system whereby the services can be continuously monitored, The Agency agrees to make available its financial records fox, re- view by the City at the Cityfs discretion, In addition, the Agency agrees to provide the City the following data and reports: A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. ' C. Quartorl bmitt April, July andySeptember,lcto reorts to be de the folt! owingedata: January, 1. Number of children served each month. 2. Income level of families participating in program. I 3. Race and/or ethnicity of participating children. D. Agency shall submit quarterly financial statements to City in January, April, July, and September, Each statement shall include expenses and income, outstanding obligations and beginning and ending balances. VI. PI- CTORS! MEETINGS During the term of this contract, the Agency shall deliver to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be de- livered in a timely mauler to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. C/ Agency understands and agrees that City representatives shall be PAGE 3 5 f afforded access to all Board of Director's meetings. Minutes of all meetings of the Agency's governing body shall be available to the City within ten (lo) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following; A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of ' this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bank- ruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is ren- dered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the city any unexpended City funds. Acceptance of these funds shall not consti- tute a waiver of any claim the city may otherwise have arising out of this Agreement. VIII. gg_U.T, OP_V_QRTUJ31T_Y_ A. Agency will submit for City approval, a written plan for com- pliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B. Agency shall comply with all applicable equal employment op- portunity and affirmative action laws or regulations. 0. Agency will furnish all information and reports requested by the city, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and '!Federal rules and regulations. PAGE 4 4t y e. NimidBNo e~~daltom.. " 77 70 AIW D, In the event of the Agency's non-compliance with the non- discrimination requirements, the Contract may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may bo barred from further contracts with the City, IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract, The Agency o further covenants that in the performance of this contract, no person having such interest shall be employed or appointed as a member of its governing body, B. The Agency further covenants that no member of its governing ' body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself; or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the city and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect .interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof, X. REP-OT "S membAg r of e c he l immediate employ family any paid capacity any person who is a employed by Agency, or is a member of Agency's s go who is currently term 'member of immediate family's in uds: wife,li husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, , nephew, niece, step-parent, step-child, half-brother and half-sister, I PACE 5 ` 4Y. e; 1 d A)enda NO... = u7 Rtlc{/- IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Funding Agreement as of the day of 1992. 4 CITY OF DENTON, TEXAS I BY: a BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: FRED MOORE CHILD CARE CENTER DIRECTOR I ATTEST: BY: SECRETARY AAA00056 PAGE 6 1 A A(1nHfI~NU ~ - AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs, Incorporated, a non-profit corporation, 1800 Malone, Denton, Texas 76201 (hereinafter referred to as Agency); 4 WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and r''n therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assis- tance and can provide needed services to citizens of the City, and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: ,I I. U-4: OF SF,$VICES 1 The Agency shall in a satisfactory and proper manner perform the following tasks; i~. Help older citizens remain independent and as fully active in the community as they choose, B. Provide a hot meals program five days a week at Denton Senior Center, Heritage Oaks and Martin Luther King, Jr. Recreation Center, C. Offer information and referral services for older persons at the SPAN Central Office, D. Provide a nutrition program at Denton Senior Center, E, Provide homemaker services and benef.'.Cs counseling for elderly citizens, F. Assist senior citizens in arranging for or obtaining needed services and provided benefits counseling such as assistance in filing for insurance, social security belief-its, housing subsidies, etc. iY Y Y. ,I Agoiida ltem.__ II. OBLIGATIONS OF AGE CY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Twenty-five Thousand Seven Hundred Forty and No/100 ($25,740.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. { B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time.. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyoi i the term of this Agreement. F. At the discretion of the city, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. I. It will indemnify and hold harmless the City from any and all claims and suits arising out of, the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent PAGE 2 r. ,I P~endit f+lu. Af~anda Itam__. 5 pp~; ~,~r or representative of the Agency. J. It will submit to the City of Denton copies of year-end audited financial statements. III. ~;IME OF_PERFOZ~N(`E The services funded by the City ahall be undertaken by the Agency within the following time frame; a October 1, 1992 through September 30, 1993. IV. METHOD Ob'. PA-YMEN A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 105; West Hickory, Denton, Texas 76201, Attn: Community Development coordinator: $6,435 on or after January 1, 1993 $6,435 on or after April 1, 1993 $6,435 on or after July 1, 1993 $6,435 on September 30, 1993 , B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Twenty-five Thousand seven Hundred Forty No/100 Dollars ($25,740.00) for all of the services rendered. It is expressly understood that this contract in no way { obligates the General Fund or any other monies or credits of the city of Denton. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services. V. fVAL IATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored.' The '-Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the city the following data and/or reports: I A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. PAGE 3 ~V < Y.. e r\ F a~ A, I an to m C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of meals served at Denton Senior Center, Martin Luther King Jr. Recreation Center and Heritage oaks each month. I . Number of information and referral requests handled quarterly. N s. Number of persons assisted under eac, available social service program. 4. Race and/or ethnicity of clients. D. Agency shall submit quarterly financial statements in January, April, July, and September for the preceding quarter, which shall include expenses and income. VI. IRECjQ S! MEETING8 During the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include: an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. Minutes of all meetings of the Agency's governing body shall be available to the City within ten (10) working days of approval. VII. SU LZENSLOIN 0$,_TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be :Limited to the following: A. Agency's improper, misuae, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. PAGE 4 1 ~ 1 r. T D l E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the city shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the city any unexpended city funds. Acceptance of these funds shall not con- , stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. EQUAL opPORTUNITY A. Agency will submit for city approval, a written plan for j compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this contract, B. Agency shall comply with all applicable equal employment opportunity and aff.irmativc3 action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations, D. In the event of the Agency's non-compliance with the discrimination requiraments, the Contract may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict, in any manner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the performance of this contract, no person having such interest shall be employed or appointed as a member of its governing, body. B. The Agency further covenants that no member of its governing body or Its staff, subcontractors or a interest in or use his position for a p,mrplogee that isl or gives the appearance of being motivated by desire fc•r private gain for himself, or others, particularly those with which he has family, business, or other ties, PAGE 5 I r ;i C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. r X. NEPOTISM Agency shall not employ in any paid capacity any person who is a d' member of the immediate family of any employed by Agency, or is a member of A ec person who is currently term "member of immediate family" includes: gwife,~lhusband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister, .CN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 1992. CITY OF DENTON, TEXAS BOB CASTLEBERRY, M YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO 14EGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: PAGE; G ;w I b J• 4•1 GS. 1..;j 1 Niondo M1 SERVICES PROGRAM FOR AGING NEEDS DIRECTOR ATTEST: "SECRETARY AM00066 i f PAGE 7 i R 9 _ CITY: -COUN(CIL 1 5 V- oo~oo° aouF act) QQOO c p n 4) a ~~°.°oenaarco~°° ~o .1 f' e rgonda[tern.&...Y ORDINANCE NO. i AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THERE- FOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city council has determined that it is in the best interest of the citizens of the City to provide public funds to Services Program for Aging Needs, Incorporated, in consideration of the valuable public services to be furnished by services Program for Aging Needs, Incorporated to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the Agreement attached hereto, between the city of Denton and Services Program for Fging Needs, Incorporated, and authorizes the Mayor to execute sa.d a,areement. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. i SCION Iii. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of ___j 1992. I BOB CASTLEBERRY,, MAYOR ATTEST! JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL. FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., AAA00066 0 t r. r or, Jt7ntl1 Itutr~- 7`" Z_. AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED This Agreement is hereby entered into by and between the city of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs. Incorporated, a non-profit corporation, 1800 Malone, Denton, TeXr;J ` 76201 (hereinafter referred to as Agency); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined chat the Agency merits assis- tance and can provide needed services to citizens of the City, and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I - _KOPE OF 'RV IFS The Agency shall in a satisfactory and proper manner perform the following tasks; A. Help older citizens remain independent and as fully active in the community as they choose. B. Provide a hot meals program five days a week at Denton Senior center, Heritage Oaks and Martin Luther King, Jr. Recreation Center. , 0. Offer information and referral services for older persons at the SPAN Central Office. D. Provide a nutrition program at Denton senior center. E. Provide homemaker services and benefits counseling for elderly citizens. F. Assist senior citizens in arranging for or obtaining needed services and provided benefits counseling such as assistance in filing for insurance, social security benefits, housing subsidies, etc. -T t i, s- ' ~i htonda ND. AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED M This Agreement is hereby entered into by and between the city of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs, o Incorporated, a non-profit corporation, 1800 Malone, Denton, Texas 76201 (hereinafter referred to as Agency); WHERT'S, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assis- tance and can provide needed services to citizens of the City, and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows; I. SCOPE OF_S RVICES I The Agenc r follow ng tasksal in a satisfactory and proper manner perform the A. Help older citizens remain independent and as fully active in the community as they choose. B. Provide a hot meals program five days a week at Denton senior center, Heritage Oaks and Martin Luther King, Jr. Recreation Center. C. Offer information and referral services for older persons at the SPAN Central Office. D. Provide a nutrition program at Denton Senior Center. E. Provide homemaker services and benefits counseling for elderly citizens. F. Assin senior citizens in arranging for or obtaining needed services and provided benefits, counseling such as assistance in filing for insurance, social security benefits, housing subsidies, etc. I ` A4 ond8 No. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Twenty-five Thousand Seven Hundred Forty and No/100 ($25,740.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as R provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will. allow for a tracing of funds and a review of the financial status of the program. C. it will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City;e Community Development Office along with any amendments, additions, or revisions whenever adopted, E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discreti,rn of the city, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. I 11. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested, I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the city harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent PAGE 2 c, s e or representative of the Agency. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1992 through September 30, 1.993. IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 105 west Hickory, Denton, Texas 76201, Attn: Community D3velopment. Coordinator.: $6,435 on or after January 1, 1993 $6,435 on or after April 1, 1993 $6,435 on or after July 1., 1993 $6,435 o:'i September 30, 1,993 ~r B. It is (_5%pr.essly understood and agreed that in no event under ' the ~`erms of this contract: will the tu':al compensation to be paid hereunder exceed the mar '.mum sum of Twenty-five Thousand Seven Hundred Forty Nn/100 Doll:x;; ($25,740.00) for all of the services rendered. It is e:apressly understood that this contract in no way obligates the General F:;id or any other monies or credits of the City of Denton. C. The City shall not be obligated or liable under this contract to any party other than the Agency for lyrnent of any monies or provision of any goods or services. V. )JVALUA'PTON The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored.' The'.Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. PAGE 3 I/l r 77~ lI°llddlf3lrl '45 C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of meals served at Denton Senior Center, Martin Luther King Jr. Recreation Center and Heritage Oaks each month, 2. Number of information and referral requests handled quarterly. 3. Number of persons assisted under ac available social service program. 4. Race and/or ethnicity of clients. D. Agency shall submit quarterly financial statements in January, April, July, and September for the preceding quarter, which shall include expenses and income. VI. DIRECTORS,! =TjNGg During the term of this Contract., the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that city representatives shrill be afforded access to all Board of Director's meetings. avaiMinutes of all meetings of th(lAgency's governing body shall be lable to the City king days of approval. VII, SUSPENSION OR TEW INA'PION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause, cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement, C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. PAGE 4 1 tlwA No n,la!!da Ncm_!~ J~. _.J ~ l E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. in case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. " In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out I of this Agreement. , VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non--compliance with the non- discrimination requirements, the Contract may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTHREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree: with the performance of services required to be performed under this Contract. The Agency further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. A. The Agency further covenants that no memb(Ar of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. PAGE 5 a, ` 'd 1 A AwindaIlam..!Q5 -1;j 26~j._. RAO "r/ C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. 9 X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 1992. ,CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY A BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVI'T'CH, C.TTY ATTORNEY BY: PAGE 6 c g nod hjonda No, SERVICES PROGRAM FOR AGING NEEDS ' i DIRECTOR ATTEST: I z a CRETAR AAA00066 PAGE 7 C 4 t 'r 4., --'CITY T COUNCIL - a: - -ooo~aoaanoon~~o ti OOOO j 41 H QOOD I.. - ~ 7 Q c: p ~ t S% ! AAA00054 A{lpnaaNo°Z Agenda Rem-.- ORDINANCE NO. kiln - 6121Ve, AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND 1 DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best o interest of the citizens of the city to provide public funds to Denton City-County Day Nursery, in consideration of the valuable pu!jlic services to ba furnished by Denton City-County Day Nursery to the City of Denton in accordance with the "Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 5YXTION IL That the City Council hereby approves the "Agreement" attached hereto, between the City of Denton and Denton City-County Day Nursery, and authorizes the Mayor to execute said agreement. SECTION rr- That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. f' SECTION III That this ordinance shall become effective I immediately upon its passage and approval. PASSED AND APPROVED this the day of _ , 1992. BOA CASTLEBERRY, MAYOR ATTEST: JENNIFTiR WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I LII Y. ;I r AGREEMENT BETWEEN THE CITY OF DENTONr TEXAS AND DENTON CITY-COUNTY DAY NURSERY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and the Denton City-County Day Nursery, a non- profit corporation (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has r~ reviewed the services of the Age,)cy and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and ca!, provide needed services to citizens of the city and has provided funds in its budgfit for the purpose of paying for contractual, services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. BCOF'E_OF SERVICES The Agency shall in a sztisfactory and proper manner perform the followiiig Program: A. To provide low cost day care to low income families where parent(s) work, and/or attending school or actively seeking employment. B. To provide two nutritional meals, breakfast and lunch, for the children it serves II. ODLIG7iTI019 OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Thirteen Thousand Eight Hundred Sixty and No/100 ($130860.00) Dollars paid to the Agency by the City and the only expenditures from this account, until, such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not comi,tingle funds received from other sources in this account and shall not utilize Lhese funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the Program. ' r )~(jenda Rom I C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Community Development Office of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. ` E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. f. F. At the discretion of the city, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in bill, any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. i H. It will appoint a representative who will be available to meet with the Executive Director of Fina,-_~e and other City ` officials when requested. I. It will indemnify and hold harmless the City from any and al l claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PER ORKMgE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1992 through September 30, 1993. IV. METHQP OF PAYMENT A. Payment by the city for services provided hereunder. will be made as follows; provided, that Agency shall, request said payment by letter addressed to, City of Denton, 105, West Hickory, Denton, Texas 76201, Attn: community Development Administrator: \ 5Page 2 r. ;i ntIondilItoro._ On or after January 1, 1993 $3,465 On or after April If 1993 $3,465 On or after Jttly If 1993 $3,465 ~ September 30, 1993 $3,465 f B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Thirteen Thousand Eight Flundred and Sixty Dollars ($13,860.00) for all of the services rendered. C. The City shall not be obligated or liable under this Con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the city at the City's discretion. In addition, the Agency agrees to provide the city the following data and/or reports: J A. All external or internal audits. Agency shall submit a copy 1 of an annual independent audit to City within ter, (10) days of re- ceipt. B. All external or internal evaluation, reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: I. Number of children served each month. 2. Income level of families participating In program. 3. Race and/or ethnicity of children. D. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall. include income and expenses for the preceding quarter. VI. DIRECTOR'S MEETINGS During the term of this Contract, the Agency shall clause to be delivered to the City copies of all notices of meetings of. its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall. include an agenda and a brief description of the Page 3 ' 4 r. . 1 A;~~wda No A ~car~a G matters to be discussed. Agency understands and agrees that city representatives shall be afforded access to all Board of Directores meetings. a Minutes of all meetings of the Agency's governing body shall be " available to the city within ten (10) working days of• approval. I VII. BUBPENeION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are inr.,orrect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or Institution of bank- ruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency, E. If for any reason the carrying out of thin agreement Is ren- dered impossible or infeasible, In case of suspension, the City shall advise the Agency, in writ- ing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any consti- tute nwaiver of any claim cthetcity may these have shall arising out of this Agreement. VIII. EQtlAT, OPPORTUNITY A. Agency will submit for City approval., a written plan for com- pliance with the Equal Employment and Affirmative Action Federal. provisions, within one hundred twenty (120) days of tho effective date of this Contract. B. Agency shall comply with all applicable equal employment op- portunity and affirmative action laws or regulations, iC Agency will furnish all information and reports requested by \ the City, and will permit access to Its books, records, and accounts for purposes of investigation to ascertain compliance with local, ` state and Federal rules and regulations. L Page 4 1 a~earla I1 -1-2-6 ' - G ~8 D. In the event of the Agency's non-compliance with the non-dis- crimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City, I s IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor ary member of g its would conflict in any manner or overning body presently has any interest, direct or indirect, which f vices performance of ser- vices required to be performed under degree. ths Contract. The Agency fur- covenants that in the performance of this Contract, no person having such interest shall be employed or a of n ted , its governing body. pp as a member of B. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his po lt.ion for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others; particularly those with which he has family, businers, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the con- tract which affects his personal interest or the interest In any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. NEPOTISM i Agency shall not employ in any paid capacity any person who is a member of the immediate family or any person who is currently em- ployed by Agency, or. is a member of Agency's governing board. The term "member of immediate family" includes; wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister, IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the 1992. clay of CITY OF DENTON, TEXAS FJ013 CASTLEElL1RRY, MAYOR _~T f Page 5 ! ATTEST: JENNIFER WALTERSt CITY SECRE'T'ARY 9 BY: - APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY. DENTON CITY-COUNTY DAY NURSERY i { DIRE fOR , ATTEST: ECRETARY 1. A AAA00054 C Page G v, - - - - - - hiendaNo , AAA00054 priwndaliam._._'as~. ORDINANCE NO. i AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR] AND PROVIDING FOR AN EFFECTIVE DATE. o WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Denton city-County Day Nursery, in consideration of the valuable public services to be furnished by Denton City-County Day Nursery to the City of Denton in accordance with the "Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SE'1'ION i; That the city Council hereby approves the "Agreement" attached hereto, between the City of Denton and Denton I City-county Day Nursery, and authorizaH the Mayor to execute said agreement. S~TION II. That the City council authorises the expenditure of funds in the manner and amount as specified in the Agr.eoment. 1 ~5_EGT~0~1 That this ordinance shall booome effectik'e immediately upon its passage and approval. j PASSED AND APPROVED this the _ day of _r 1992. B0 B-6ASTLEDERRY1 MAYOR i ATTEST: JENNIFER WALTERS$ CITY SECRE'T'ARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY I i'` h • I. +~ITY: COUNCIL q i i I i - - I . p Q ` AoppO a I oooq~aiInc, o~°°o , i. r ALI,0001 F AWnda No....Ja? AUORdaIlBRi_~ zi- ORDINANCE AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES ING FOR THE EXPENDITURE OF FUNDS THEREFORE EFFECTIVE DATE. ; PROVID- I THEREFORE; AND PROVIDING FOR AN WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary supplies or services in accordance with the oc eur sr equipment, and City ordinances; and procedures of state law ~ WHEREAS 1 reviewed 'recommend the City Manager or a designated employee has .lowest responsible bids e fork thetherein materials? equi abed bids are the services as shown in the "Bid Proposals" submittedntherefor; andr WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the ma- terials, equipment, supplies or services purchase of the herein; NOW, THEREFORE, approved and accepted ed THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S' TL0 r, That the numbered items in the following numbered bids for materials, equipment, supplies, or servioes, shown in the Bid Proposals" attached herto, are hereby accepted and a being the lowest responsible bids for such items: ppr°ved as 1310 ITEM iqu-40- NO VF;NDOx BID 01425 A oUNT 2,3,1d,16,20,21,211 & 23 WE;JCO 4,5 & 15 WATSON FLE^TRIC $ 8r150•50 G,a,17,lOr & 19 OI:ALF; $16,054.7!; 11 RS RLECTRIG 24 & 25 TrKPI,Is INC $ 3 960.30 W•M. DUSI: )MRY $ f 05.20 SECTION 'Ix: "''T'hat by the acceptance and approval of"the above numbered items of the submitted bids, the City accepts parsons submitting the bids for such s to the offer of / Purchase the materials, equipment, suppliesem orans agrees in accordance with the terms, specifications services in and for the specified sums contained in the standards, quant Bid Proposals, and related documents. B.id Invitations, Bid 3 ;a NoidaNa fib'- a SECTION II2. That should the City and persons submitting ap- proved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the city Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the , written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the city council hereby 1 authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. S CT.ON V. That this ordinance shall became effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of B0I3 CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA DRAYOVITCH, CITY ATTORNEY BY: r. - . i t is •:1 I 1 a ad a No Agenda ftem-4 J DATE: November 3, 199 CITY COUNCIL REPORT l TO: Mayor and Members of the City Council FROM Lloyd V. Ilur.rell, City Manager SUBJECT: BID #1425 WIRE, CABLE, CONDUIT, AND CONNECTIONS RECOMMENDATION: We recommend this bid be awarded to the low bidders mooting specification as follows: * Item 1 is still under evaluation, * Items 2,3,14,16,20121,22, & 23 to Wesoo in the total amount of $8,750.50, * Items 4,5,7,9,10,12,13, & 15 to Watson Electric in the total amount of * Items 6,8,17118, & 19 to Dealers Electric in the total nmount of $3,960.30, * Item 11 to Temple Inc in the total amount of $685,20, * Items 94 & 25 to W. M. Dusenberry in the total amount of' $58,109,35. SUMMARY: This bid i:, for inventory rnplacoment stock for the City of Donlon Warohouse, Thflso materials are used by the Electric Distribution Department in routine maintenance of tho Ploctrlc System. The vondors who were lower 41 hots 14, 17, IP bid items 12 rough 23 nil or notno, The lower vondors on items `1.d & .w (lid not , -,r sueclfleatt Sixteen responses wore rocoived from thirty-one Invitations mailod, BACKGROUND: Tabulation Sheet PROGRAMSiDEI'ARTMEN'TS OR GROUPS AFFECTED: Warehouse Working Capital, Moctric Distribution, Utility sustoniars of the City of Denton e h FI s Agendaltem__ -)A-4/0 lkilo CITY COUNCIL REPORT NOVEMBER 3, 1992 PAGE 2 OF 2 9 FISCAL IMPACT: Budgeted funds for Warehouse Workinf; Capital - Electric account #710-043-0582-8708 balance $664,364,89, Respectfully submitted: Lloyd V. Iinrrell~ City Malinger Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: Mime: Tom Shaw Title: Purchasing Agent I dd 307. DOC 1 M BID 0 1425 1 1 I I BID NAME Wirc, Cable, conduit I Butler & 1 Dealers I Lambert J Watson I I I 1 + & Cunnections (Land Inc, (Electric I Cable 1Eleotrtc ; Temple lPrsalesedlPOlellne Clifford 7 l OPEN DATE October 13, 1992 1 I I Corp. I I i I Vermont _ # JQUANTITY -DESCRIPTION VENDOR { VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR J 1 1 15000 (Cable DO 500 MCM 15KV I NIB I It 1~ . e N/B 1 2 1 5000 1Wire Copper 110 THHN STR BLK I NIB I $0.062 1 $0.0620 1 $0.06 1 %0.065 I N/8 I $0.0649 1 1 NIB pper 110 THHN SIR WHT l NIB { $0.062 1 $0,0620 1 $0.06 1 $0.065 1 NIB 1 $0.0649 1 NIB 1 4 1 1000 1WIre Copper 1/0 THHN 1 NIS l $0,640 1 $0.6460 l $0,50 1 $0.581 NIS I $0,0568 1 NIS l 5 1 6DOO IWire Copper 500 MCM THHN l NIB 1 $2.28U [ $2.3650 { $2.20 1 $2.440 l NIB 1 $2,2980 NIB I 4..: 6 1 100 lElbow T-Housing 1 NIB [ $30.410 1 iV/B 1 131.57 1 $32,720 1 NIS 1$32.4900 [ NIB 1 7 1 100 1Cable Adapter 500 MCM T-Elbow I NIB J $11.470 1 NIB 1 $7.89 1 $8,270 1 NIB l $8,2000 1 NIB 1 8 [ 50 1 if It 600 amp 4/0 200 mill NIB 1 $7.720 1 NIB l $7.89 1 $8.270 l NIB J $8,2900 1 NIB 1 9 100 IT-Elbow Connector 500 MCM { NIB I $14.270 l NIB $8,94 l $9,360 1 N/S l $9.3400 1 NIB 1 10 1 65 {Loadbreak Elbow 42 I N/S l $23.670 1 N/B I $16.31 1 $17.940 1 NIB 1$17.1000 1 NIB 1 11 l 12 lFuse S&C 165E l NIB $6.470 1 NIB 1 $60.76 1 $57.100 N/B I NIB NIB 1 12 1 140 1Coupling PVC Bch 40 1" l NIB 1 $0.120 1 $0.1600 1 $0.09 i $0.140 1 NIB 1 $0.1690 l N/H l 13 1 150 1Coupling PVC Soh 40 2" 1 NIB l $0.290 $0,3840 I $0.23 1 $0.310 1 NIS l $0.3195 NIS 1 1 14 1 25 1Elhow PVC Bch 40 41lx22.5 deg NIB I $4,690 J $5.9800 [ $5.01 1 $5.110 l NIB 1 $5,4900 1 NIB 1 15 1 40 (Elbow PVC Bch 40 4"x90 deg NIB 1 $12.220 1 $23.0700 l $9.10 1 $12.990 NIS 1$12.6000 I NIS 1 1 16 l 4u lElbow, PVC Bch 40 21100 deg I NIB l $4.270 1 $8.3200 I $4,11 l $4,620 l NIS l $4.9800 l NIB 1 17 1 1 ~E1bow PVC Soh 40 2.5"x90 deg I N/B $1.670 1 $2,1500 I $2.90 $1.810 1 NIB I $4.7900 l NIB 1 10 1 50 191bow PVC Soh 40 11100 deg NIB 1 ;0.330 1 $0.4400 I $0.48 1 $0.370 1 NIB 1 $0,6500 J NIB 1 19 1 3000 lConduit PVC Bch 40 11100 deg I NIS I $0.150 1 $0.1763 l $0.18 l $0.157 l NIB 1 $0,1899 I NIS [ 20 1 SCOD lConduit PVC Bch 40 211x20' I NIB I $0.300 [ $0.3466 $0,34 1 $0.314 l NIB i $0.2914 1 NIS l 21 1 4000 lconduit PVC Bch 40 41Ix20' I NIS 1 $0,810 I $0,9682 1 $0,98 1 $0.867 l NIB 1 $0,7990 N/B 1 22 1 2000 lConduit PVC Soh 40 5"x20' I NIB 1 $1,200 l $1,4221 I $1,38 $1.239 1 NIB I $1,1496 1 H/H l 23 l 80 lConduit Plug PVC Soh 40 4" I NIB l $0.820 1 $0.6800 I $0.57 1 $0.690 l NIS 1 $0.9100 1 NIS 1 24 25 [Fiberglass Pole 35' N/e 1 NIB 1 NIB $714.25 l $719.D0 l NI 13 1 NIB l N/B l 25 1 60 1Fiberglase Pole 45' I. NIB l N/B I NIB $865.30 l $872.00 l N/B f N/B [ N/13 I I 1 1 i 1 [ I DELIVERYt I I 165 days I I I I I I I 1 ~ 1"NOM Item 1 not awarded ` + I I I I I012-23 I I I I at thi.e time. I I I I I All or 4' n 11011 ~ io ,li n I 1 ~ 1t til Sir- 0 1425 1 i I I I ~ ~ I ~ 1 I I I I 8I1) NAME Wire, Cable, Conduit King I Tecbline I Stuart Wasco I Cummins Highllne I W. M, Priester & Connections Wire I Inc. I Irby I { 11ndustrieslDusenberryl Supply I OPEN DATE October 13, 1992 1& Cable I I I I I [QUANTITY DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR VENDOR VENDOR I VENDOR I -T l 15000 ICable UO 500 MOM 15KV ( " 1 " 1 NIB 2 1 5000 (Wire Copper 410 MIN STR ELK 1 $0.012 I $0.065 1 $0.060 1 $0.0574 1 $0.58000 I NIB I NIB 1 $0.07 1 3 1 5000 [Wire Copper 410 THHN STR WHT 1 $0,072 $0.065 I $0,060 1 $0.0574 I $0.58000 i NIB I NIB I $0.07 l I 4 1 1000 {Wire Copper 1/0 THHN 1 $0.556 $0.568 1 $0.600 1 $0.5140 I $0.51925 I NIB I NIB l $0.64 1 5 1 6000 1W1re copper 500 MCM THHN I $2,420 { $1.470 I $2.360 1 $2.2300 1 $2,25100 1 NIB I N/B I $2.79 1 6 1 100 lElboW T-Houeing l NIB I NIB l N/B N/b 1$33.00000 NIB I NIB l $34.12 I 7 1 100 Cable Adapter 500 MCM T-Elbow l NIB 1 $8.800 1 NIB 1 NIB 1 $8,00000 1 NIB I NIB i $8,35 I 8 l 50 1 " " 600 amp 4/0 200 mill NIB 1 $8.900 NIB I NIB I $8.00000 NIB I NIB I $8.35 1 9 1 100 IT-Elbow Connector 500 MCM I NIB I NIB NIB I NIB 1 $9.20000 I N/H 1 NIB 1 $11..76 1 10 1 65 lLoadbreak Elbow N2 NIB l $16.500 NIB 1 NIB x$17.20000 NIB 1 NIB 1 $21.76 I 11 12 lFuse S&C 465E I NIB NIB I NIB I $57,7000 1$57.25000 I NIB NIB $57.74 I 12 I 140 [Coupling PVC Bch 40 1" NIB I $0.128 I $0,220 1 $0,1165 $0.12000 I NIB l NIB I $0.12 1 13 I 150 (Coupling PVC Bch 40 2" NIB $0.308 I $0,350 l $0.2850 I $0.27000 NIB I NIB I $0.28 1 14 1 25 (Elbow PVC Sob 40 41lx22.5 deg 1 NIB $0,504 1 $6.000 I $4,5000 I $3.42000 N/B I NIB 1 $4.78 I 15 I 40 1E1bow PVC Sch 40 4"x90 deg 1 NIB $13.100 I $13.750 I $1.2,5000 1$11.05000 I N/13 I NIB 1 $16.84 16 1 40 lElbow, PVC Bch 40 2"x90 deg l NIB $4.490 I $4.950 [ $3.8D00 l $4.14000 1 NIB 1 NIB I $6,01 1 17 40 lElbow PVC Bch 40 2.511x90 deg I 14/8 $1.780 1 $1.950 $1.7200 I $1.61000 I NIB NIB I $9.13 18 50 lElbow PVC Soh 40 11'x90 deg H/B I $0.390 1 $0.500 $0.3900 1 $0.32000 I NIB .."/B I $0.32 19 1 3000 lConduLt PVC soh 40 1"x90 deg NIB I $1,580 $0.200 $0,1560 $0.16700 I NIB NIB [ $0.15 I 20 1 8000 ICondult PVC Bch 40 2"x20' 1 NIB I $0.298 1 $0.350 1 $0.2900 1 $0,32500 1 NIB l NIB 1 $0.30 l 21 1 4000 lCondult PVC Bch 40 41lx20' I NIB I $0,828 $0.950 I $0.8100 1 $0.88250 l N/B 1 NIB $0.83 1 22 2000 (Conduit PVC Bch 40 511x20' I NIB 1 $1.230 $1,450 I $1.1600 I $1.33000 1 NIB I NIB $1.21 1 23 80 lConduit Plug PVC Bob 40 4" i N/B [ $0.890 I $0.950 1 $0,4000 l $0.58000 1 N/B 1 NIB 1 $0.83 l 24 l 25 lFibergl.ase Pole 35' [ N/B 1 N/S 1 N/B N/B l $702.00 I $518,OU l $522.91 l $455.00 I 26 1 60 IFlberglass Pole 45' I N/B I NIB NIB I NIB 1""$842,00 1 NIB I $750.0 I $631.00 l I I I I I I n 39' I I I I I DELIVERYi 1 30 days 156-70 daysl 15 days 1 14 days 1 1 28 days [ 28 days 13 day-12wkl I 1 1 I I ~ I I I I I 1"110TEI Item I not awarded I 1 I 11112-23 I lY12-23 I I at this time, I I I IAl.l ar I 1A11 Or I 110110 11011 e-~ } iU W iLr U N C` v. ` y, _CITY 'COUNCIL x F ooooo6 4oO F oo a~ooo o a~ G n~ CL '.~Q~O r° N t 0*r0~ 44- ,t nnandal/lem ~_y DATE: 11/03/92 CITY COUNCIL-R11VHT__k'O1KMA'f TO: Mayor and Memhers of the City Council C PROM: Lloyd V. Harrell, City 1'lanager SUBJECT: Clra Fighter's and Police Office's Civil Service Commission Local Rules - contract with John West, Attorney ; HKQW DI T1pN: It is staff's recommendation that the City Council approve an ordinance authorizing tine Mayor to execute an aggreement with John West to provide assistance in revising anct updating rite Commission's local. rules and regulations { 9Xt The City's fire fighters and police uffiuers are governed by Texas law, Chapter 143 of the Local Government Cude, The law requires that. the Commiettion promulgate local rules and regulations to more specifically establish local practices In the hiring, prornat.ion, classification and componsation, and disciplinary actions for police officers and fire fighters The City of Dentou'a local rules were last rovised nua updated In 1980, The agreement with Mr. West will provide the City Attorney, Fire Chief, and Police Chief, and Director of Civil Service (human Resources Director) with expert advice and assistance in completing this project. Mr. West is woll- known throughout the state for his knowledge and experience on Chapter 113, With this project, the City and the Civil. Service Commission will have new and up-to-date local rules and regulat,P,ns, This will ensure, tint our local practices are complying with the state law and providing our Police Chief', Fire Chief', and the police officers and fire fighters important guidelines F in the employment relationship, 13A1( KQHOUNII_ The City of Denton's Civil Servlce Commission local rules were last updated in 1980. since that time, several legislative changes to the laws governing police officers and fire fighters have occurred. In additfou, the laws have been re-codified as Chapter 1,13 ul' thv Local Government Code, 'thus, our current rules arc, orrtr-dated and need revision, The, Civil Service Commission has passed a numher of local rules to keep pace with changing pr•nctices•, Ilotyever, these need to be iucorpornted into the recommended comprehensive revision to the local rules, L'._)ORAM;i,__UUARTMFNT;i Qlt_ JIM-) ,AL±FRCTFhI The Fire Fighter's and Police officer's Civil Svi'vice Commission and t,heLr local rules.; govern all hr+orn notice ufficeru in 00 1'0lice DcpauCrnerrl; and all fire fighters in the Fire Doparrtmeut, I c Y. ;i Aonadg No, ._.l Agenda Item.S' November 3, 1992 Memo to City council - John Hest - Local R111eH - Civil Service Pago 2 [?I_'JCAL_ IMPACT: The contract with John West is estimated at $15,000. These dollars have been included in the 1992/93 City budget, 9 NOBpectfully Submitted: i,loyd U, llarrel~ City Manager Prepared by: I Thomas W, line Ulro, 1 Human Resources 1 Rlc1c svehla, "Deputy Ci~ ger cowest98,U 10/30/92 t t Y fn ` r2 F ed ohnwest.ord ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND JOHN WEST FOR SERVICES IN ASSISTING CITY TO RESEARCH AND PREPARE A REVISED SET OF LOCAL RULES FOR CITY'S CIVIL SERVICE COMMISSION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; 9 SECTTO I. That the Mayor is authorized to execute an agree- ment between the city of Denton and John West for services in assisting City to research and prepare a revised set of Local Rules for City's Civil Service Commission, a copy of which is attached hereto and made a part hereof. ECT Qj jI, That the City Council hereby authorizes the ex- { penditure of funds not to exceed Fifteen Thousand and No/100 Dollars ($15,000,00) for the services required pursuant to the Agreement, .9TIION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ _ day of , 1992, i BOB CASTLEBERRY, MAYOR ATTEST., JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCR CITY A'T'TORNEY (r a h- ildaNo hgondaltom__~.~~_ CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND aOHM WEST The CITY OF DENTON, TEXt%S, a municipal Home Rule City situated in Denton County, Texas, hereinafter called "CITY" acting herein by and through its City Manager, together with John West, hereinafter called "ATTORNEY", hereby mutually agree as follows: Y. GOALS AND OBJECTIVES CITY desires to contract with ATTORNEY for services in assisting CITY to research and prepare a revised set of local rules for CITY's Civil service Commission. II. ATTORNEY'S SERVICES ATTORNEY shall render services necessary for the development of the project as outlined in the attached list of tasks, attached to this contract as Exhibit A and incorporated as if fully set forth herein. ATTORNEY shall exercise the same degree of care, skill and diligence in the performance of these tasks as ir, ordinarily provided by an attorney at law knowledgeable in the field of Chapter 143 of the Texas Local Government Code, and practicing in this geographic area, and ATTORNEY shall, at no cost to CITY, "re-perform" services which fail to satisfy the foregoing standard of performance. In addition to the duties enumerated below, ATTORNEY agrees to assist CITY personnel as may be required and as time permits on employment outside of the tasks enumerated within Exhibit A. III. TERM OF AGREEMENT CITY and ATTORNEY recognize that performance has already commenced pursuant to an informal agreement, ATTORNEY shall continue rendering these services as set out in this written agreement. This agreement will continue to be in effect, until all tasks enumerated in Exhibit A have been completed. IV. COMPENSATION TO BE PAID ATTORNEY C?TY agrees to pay ATTORNEY for the services performed hereunder as follows: A. Amount of payment for services: ATTORNEY will charge the CITY on the basis of actual professional time spent. Payment for services will be based upon the rate of one Hundred Twenty-Five Dollars / ($125.00) per hour, with the total project expenditure not to exceed Fifteen Thousand Dollars ($15,000,00). c y r, i} A!Iude Item /w l Should CITY require additional services of ATTORNEY beyond this limit, a new contract shall be executed. B. Reimbursement of Expenses: ATTORNEY's necessary expenses shall be reimbursed by CITY, provided that they are approved in advance by CITY. C. Dates of Payment: o I CITY will pay ATTORNEY within twenty (20) days of receipt of each monthly invoice from ATTORNEY. V. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between CITY and , ATTORNEY that ATTORNEY is an independent contractor and shall not be deemed to be or considered an employee of the CITY OF DENTON, TEXAS, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. CITY shall not have supervision and control of ATTORNEY or any employee of ATTORNEY, and it is expressly understood that ATTORNEY shall perform the services hereunder at the general direction of CITY. VI. SOURCE OF FUNDS All payments to ATTORNEY unrier this agreement are to be paid by the CITY from funds appropriated by the city council for such purposes in the Budget of the City of Denton. VIx. INSURANCE ' ATTORNEY shall provide, at his own cost and expense, any and all insurance necessary to protect ATTORNEY in the operation of his business. VIII. CHOICE OF LAX AND VENUE This agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas, PAGE 2 ~Y r j r, k !i EI ns Wa No. Agenda Ito I$. CANCELLATION CITY and ATTORNEY each reserve the right to cancel this t Agreement at any time by giving the other party fourteen (14) days written notice of their intention to cancel! If the Agreement is canceled before completion, the CITY agrees to compensate ATTORNEY for jervices provided and expenses incurred prior to notice of cancellation. a X., SEVERABILITY CLAUSE If any section, subsection, paragraph, sentence, clause, o phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any + such invalidity. ` EXECUTED this the day of , 1992! CITY OF DENTON, TEXAS BY: LLOYD V. HARRELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: y - -7 PAGE J ~Y t 4i ii a Auf"Ida No f?goitd;~ftem..~~5 '9~-1 JOHN WEST, ATTORNEY w 1 - SOC, SEC.# DATE: I 1 ~h l JohnweetA PAGE 4 0 r. tl CITY - _=.COUNCIL OQ~~ ° ► n ~dOnO ~0G©p . c Z rn { 4 ! ~~c?QF ~ O { n~ aaa_ocoo Njooda No Agenda Item_ October 26, 1992 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V, Harrell, City Manager y I SUBJECT: Consider adoption of an ordinance authorizing a profes- sional services contract between the City of Denton and w David M, Griffith and Associates to conduct- a Fleet Service Management Study. RECOMMENDATION; I Staff recommends adoption of the ordinance, SUMMARY/BACKGROUND; During the last- Lwo years the Fleet Services Department has implemented numerous changes _in its policies and procedures in order to facilitate improvements in the duality of service provided to the City's direct, line service divisions. The adoption of a garage warranty policy designed to eliminate repeat repairs and the new preventive maintenance evening shift which was implemented Lo reduce: downtime during normal ffield service operating hot,rs are just two examples of this commiLmenL to reducing overall City costs relative to Eleet maintenance, The staff members associated with the fleet Services Opera- tions have recognized for some time that a need exists to bring in an outside group to evaluate current operations, policies, procedures, training activities, etc., and provide recommendations on needed changes which w-111 further enhance the departmPnt's goal of reducing vehicle downtime and fleet. maintenance costs. For the most part, the study to be performed will examine the efficiency of our operation and identify need changes, Additionally, the study will evaluate the adequacy of existing systems such as the RquipmenL- Management. Information Sys Lem, the motor pool replacement system, and the part-lei inventory system. A complete step by step proposal for the study is attached for review. The contract, will carry a. not.-to-oxceed -limit of. $29,000 which will allow us Lo complete all phases of the study. The estimated payback for the project: is less than two years, in all likelihood, the real, savings from the study will be reflected in increased productivity of (,he various lint: service divisions in the City with some drop In overall vehi_c:lo maintenance costs. ~David M. Griffith and Associal:es UPD appears to be the industry leader rcgardi.ng ].Meet ManagemenL studies as the company A2.092C/l. i 1 Honda No.._..y y.3 Agetlda Itam_ s fQ MAYOR AND MEMBERS OF THE CITY COUNCIL October 28, 1,992 Page 2, has an entire division devoted to such work. In recent years this company has conducted at :least 60 such studies including those performed for Dallas, Houston, and Longview. Contacts with the company's clients revealed a very high satisfaction level, The City had extensive positive exporiences with this firm through its annual indirect cost: recovery study. PROGRAMS, DEPARTMENTS OR GROUPS AFFLICTED: " Field Services Department and User Departments FISCAL IMPACT: Study cost is $29,000 with anticipated payback of less than two (2) years, Respectfully submitLed, 1 I.,1 yd v, Harrell City Manager I Prepared by: } Bit Arig-J Director of Ccmmuni-,y services Approved by: R. 1S. Nelson ExecuLivo Director of Utilities AtLachments: Ordinance Contract Proposal A2092C/2 c ;s i cf9riffit,o nomidaNo Asjanda Ifam..S G _ ORDINANCE,' No, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND DAVID M. GRIFFITH & ASSOCIATES, LTD, RELAT- ING TO SERVICES TO PERFORM A GENERAL MANAGEMENT SURVEY AND STUDY OF CITY'S FLEET SERVICES DEPARTMENT'S MOTOR POOL AND GARAGE DIVISIONS] AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. oleo THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: C 0 . That the mayor is authorized to execute a Contract between the City of Denton and David M. Griffith & Associates, LTD, relating to services to perform a General Management Survey and Study of City's [Fleet Services Department's Motor Pool and Garage Divisions under the terms and conditions contained within said Con- tract, a copy of which is attached hereto and made a part hereof, SECTION . That the City council hereby authorizes the ex- penditure of funds not to exceed Twenty Four. Thousand and No/100 Dollars ($24,000) for the services required pursuant to the Con- tract. SECT_ I_ ON Ill, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1992. BOB CnSTLEBERRY, MAMAYOR { ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOV.ITCH, CITY ATTORNEY BY: r GRIFFITHA kwida No. Agoiida llwn.'16, Xl 6 o,ir, y/ CONSULTING SERVICES CONTRACT BETWEEN CITY OF DENTON AND DAVID M. GRIFFITH & ASSOCIATESt LTD. w The CITY OF DENTON, TEXAS, a Home Rule Municipality situated in Denton County, Texas, hereinafter called "CITY", acting herein by and through its City Manager, together with DAVID M. GRIFFITH & ASSOCIATES, LTD., a Georgia Limited Partnership, hereinafter called "CONSULTANT", hereby mutually agree as follows: * i 1. GOALS AND OBJECTIVES CITY desires to contract with CONSULTANT for services to perform a General Management Survey and Study of City's Fleet Services Department's Motor Pool and Garage Divisions. The CONSULTANT will conduct a thorough review of all key aspects of the City's fleet programs and develop a detailed plan which will specify improvements in vehicular-related support operations with particular emphasis on alternative organizations and service delivery Enhancements. The end product of this Survey and Study will. be two comprehensive oral presentations; a management report detailing findings and re- commendations in both draft and final form; and detailed action plans. CONSULTANT will provide implementation assistance as re- quested, once recommendations are adopted. II. CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the preparation of the Survey/Study as outlined herein. The Scope of Work which CONSULTANT agrees to perform is set forth in CITY's Request for Proposals (which is incorporated herein and made a part hereof for all purposes) and the letter of September 14, 1992 to Tom Shaw from Stephen W. Burnett, which is attached hereto and made a part hereof for all purposes. The personnel to be utilized in pexforming the services under this Contract are also set forth in the September 14, ].992 letter. III. TERM OF AGREEMENT CONSULTANT shall commence rendering services as arranged by city. This agreement will continue to be in effect until all terms of the agreement have been satisfied. I A Ij q 1 r'Oa No. a,EOn@a ltom__p<_ ~.a. IV, COMPENSATION TO BE PAID CONSULTANT CITY agrees to pay CONSULTANT for the services performed hereunder as follows: A. Amount of compensation: 4 CONSULTANT will charge CITY a set fee of $20,500 for the Survey and Study plus estimated travel expenses at $3,500. B. Reimbursement of Travel Expenses: CONSULTANT will charge travel expenses at actual cost, and shall provide an itemized listing with receipts, CONSULTANT will use best efforts to make travel arrange- ments on an economy basis. Travel expenses it;clude airfare, car rental, hotel, and travel meals, but do not include additional hourly charges. C. Total compensation and expenses payable to CONSULTANT shall not exceed $24,000. D. Dates of payment: CITY will pay CONSULTANT 50% of the set fee within thirty (30) days of the commencement of the Survey and Study and the remaining 50% to be paid within fifteen (15) days of the completion of the services provided for hereir; and receipt of invoice from CONSULTANT, V. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between CITY and CONSULTANT that CONSULTANT is an independent contractor and as such, employees shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purpose of income tax with- holding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other city employee benefit, CITY shall not have supervision and control of CONSULTANT or any employ- ee of CONSULTANT and it is expressly understood that CONSULTANT shall perform the services hereunder according to the terms of this agreement at the direction of the City Manager of the CITY OF DENTON or his designee under this agreement. VI. SOURCE OF FUNDS All payments to CONSULTANT under this agreement are to be paid by the CITY from funds appropriated by the city council for such pur- poses in the Budget of the City of Denton. PAGE 2 i'' +i N, r~daNa. ~uwda VII. INSURANCE CONSULTANT shall provide, at its own cost and expense, worker's compensation insurance, liability insurance, and all other insurance necessary to protect CONSULTANT in the operation of CONSULTANT's business. VIII. INDEMNIFICATION CONSULTANT shall, and does hereby agree to indemnify and hold harm- less the CITY OF DENTON from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of CONSULTANT, its officers, agents, em- ployees, invitees, and other persons for whom it is legally liable, in the course of the performance of this agreement, and will, at itg cost and expense, defend and protect the CITY OF DE:NTON against any and all such claims and demands. IX. WHOLE CONTRACT This Agreement represents the entire and integrated agreement be- tween City and Consultant, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agree- ment may be amended only by written instrument executed by the signatories hereto. X. RIGHTS OF THIRD PARTIES Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either CITY or CONSULTANT. XI. CHOICE 0: LAW AND VENUE 1 This agreement shall be governed by the law of the State of Texas, ~ and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. XII. CANCELLATION CITY and CONSULTANT each reserve the right to cancel this agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel. If the agreement is canceled before completion, the CITY agrees to compensate CONSULTANT for services provided and expenses incurred prior to notice of can- cellation. r PAGE 3 f. z. h ~ V ~f ji ~lfldfif~{111(101-_._/~,~ ~ XI. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word in this agreement or application thereof to any person or circumstance is held invalid by any court of competent jurisdic- tion, such holding shall not affect the validity of the remaining portions of this agreement, and the parries hereby declare they + would have enacted such remaining portion despite any such invalidity. Executed this the day of 1992. CITY OF DENTON, TEXAS ~ll I~ 1 BY : LLOYD V. HARRELL, CITY MANAGER ATTEST: p JENNIFER WALTERS, CITY SECRETARY 4 BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY A By t ~ 41.2. ~ 2G ~ c c DAVID M. GRIFFITH & ASSOCIATES, LTD. BY 4. TITLE: DATE PAGE 4 Y. h r, AomxlaNo. a-` M A.ttontlaltoro~5' L' 1492 SFP I S R"If)'L.z L DAVID M. GRIFFITH i & ASSOCIATES, LTD. S-~D _ c One Park Place. 1900 Finery Street. N,W. Suite 120, Apaola. Georgia 30318 (4g4) 355-2P3 FA (1?.n52^8753 ~eptemier 1 Mr. Tom Shaw, C.P.M. Purchasing Agent o City of Denton 901-B Texas Street Denton, TX 76201 Dear Mr. Shaw; David M. Griffith & Associates, LTD, is pleased to respond to your request for proposals to perform a General Management Survey of the City Fleet Services Department's Motol Pool and Garage Divisions. We have reviewed your requirements and have prepared this revised proposal to he responsive to your needs, We believe that we possess the expertise and skills required by the City to perform this project. DMG will bring several unique strengths to the assignment. These include; • broad firm experience in conducting this type of operations review. In fact, we have completed over 120 similar studies for municipalities over the last 7 years, • a professional staff which has hands-on management and consultant experience, • a project director, Robert (Chip) Taggart and project consultants, who are currently performing fleet management studies for: • Asheville, NC - National Association of • Boulder, CO Fleet Administrators • Carolina By-Products - Nevada Department of • Carolina Power & Light Transportation • Charlotte-Mecklenburg New Orleans, LA Schools, NC North Carolina • Daytona Beach, FL Department of Public • Fayetteville, NC Instruction • Gadsden, AL Ohio Department of • Hawaii Electric Transportation Manitowoc, WI Public Service Electric & • Milwaukee, WI Gas • Thornton, CO ding-1 Madmq Address P 0 Box 250021. Flowell Mill Slalion, Adanfa. Georgia 30325 lpq~__ low 7. t~ • A successful track record of assisting local governme&t jn.m//' the s equipment operations more efficiently and effectively. 7"Y As an accounting and management consulting firm with significant fleet management experience and expertise, we believe we possess the right skills to address the issues referenced in the Request for Proposal. The remainder of this letter outlines the background of the proposed assignment, the methodology we intend to apply, and the administrative arrangements necessary to carry out the assignment. PROJECT UNDERSTANDING/BACKGROUND The City's Fleet Services Department consists of the Motor Pool Administration q Division and the Garage Division. Together, these two divisions maintain 640 vehicle and equipment units, including police and fire emergency vehicles; refuse collection vehicles; electric, water, and wastewater utility vehicles; heavy equipment such as front end loaders' and dump trucks; and a street sweeper. The department also has responsibility for the requisition, storage, and dispensing of fleet-related fuel and parts and maintenance of fuel pumps and tanks. The management of such a varied equipment fleet is an intricate process which affects both the quality of services delivered and the cost of those services to the Cityty In the last decade, equipment costs have increased at a pace which many cities find difficult to match. The cost of petroleum products has more than tripled in the past decade and continues to be very uncertain. Repair parts are not only more expensive, but also often 1 more scarce because dealers are reluctant to maintain the large parts inventories they once did--making downtime for the fleet managers a more critical and prevalent problem. In addition to the costs of keeping pace with inflation, often cities are required to expand and/or modify programs that support the repair operation. For example, tools become outdated and must be replaced; facilities become cramped as the equipment fleet increases; and often the needs of management outgrow the Equipment Management Information Systems in place for data processing support. These issues can best be evaluated by an outside entity who has been in contact and worked with vehicle fleets across the country, and is aware of the latest trends to make vehicle and equipment management more cost effective and efficient, APPROACIVNIETHODOLO CY The objective of our assignment will be to conduct a thorough review of all key aspects of the City's fleet programs and develop a detailed plan which will specify improvements in vehicular-related support operations with particular emphasis on alternative organizations and service delivery enhancements. The end product of this assistance will be two comprehensive oral presentations; a management report detailing our findings and recommendations in both draft and final dmg-2 r, d , Aroti No, form; and derailed action plans. Implementation assistance would follovl,gs requested, once recommendations were adopted, Detailed Work Steps follow. RESEARCH/DATA COLLECTION 4 The initial phase of work is directed toward starting the project efficiently and effectively, finalizing and detailing the plan of w^rk, and defining the current operations and accompanying strengths and weakness in the vehicle maintenance support area. The various work tasks will include data collection, initial interviews with managers and users, observation and other activities designed to identify existing programs and enhancements. Step 1 - Project Startup "ell We will plan a meeting early in the project to acquaint the City with the members of the Griffith Fleet Management Team and for the consultants to: • Refine and review project objectives, scope, task schedules and the like. • Allow you to offer your insight and guidance to the consultants at project initiation. 0 Re-review other project "ground rules" and logistics. Step 2 - Operations Review/Observations During the first few days of the project, the fleet management team will initiate a general review of operations to familiarize themselves with current operating practices. This general assessment will focus on repair and maintenance operations, and the historical performance of the garage. These initial reviews will be conducted using observation and interviews with both shop management and users Step 3 - Documentation of Users Viewpoint We will spend part of our time in Step 3 surveying principal users of equipment services in order to gauge the level and adequacy of "customer service." We typically are able to identify symptoms or problematic situations during this process. We will gauge the level of user responsibility at this point as well. This step will be particularly important as we establish a base level of comparison for future organizational and maintenance alternatives. dmg-3 l r "l ,r k i A,io)da No..~_. Step 4 - Data Collection >>pontlalton~___/~ fee/0 After the initial reviews of actual operations and following initial user feedback, ours/~ consultants will begin to identify the required data sources and data needs to assess the level and responsiveness of equipment operations. We will largely depend on the work order system and contractor records and billings to provide this data at this stage, We will consider the following data when we review the operations of the operations of the fleet. • turnaround time • backlog a • by class of repair (per APWA standards) by major vehicle class • rework or comeback level • compliance with PM schedule and relationships of scheduled to unscheduled " repairs • downtime of fleet • equipment utilization/fleet sizing • productivity rates/employee utilization • cost per unit comparisons (inside vs. contract) • equipment trends as to fleet size and class composition • parts level and usage i • control issues We will also review the following budget-related issues; • fund flow schematic • dollar trends in budget • billings procedures • cost per mile (CPM) in various categories • documentation of source, processing mode and output description of each major cost category Griffith Fleet Management Consultants have developed a standard data collection approach which we will employ during this step, This data will be used to review and analyze all aspects of fleet management and to develop findings and reco.nmendations. Step 5 • Review of Operations and Procedures Preventive Maintenance We will examine current policies in place to prolong vehicle life, specifically programs such as Preventive Maintenance and oil analysis, We will assess the following; • The definition of the Preventive Maintenance program. • The level of operator abuse of vehicles, and the success of preventing and/or dmg-4 Y. ~i `!t curtailing abuse, - gencia ifnm~_!s • Compliance ratios, and penalty levels for non-compliance, ' 3 L • User notification procedures, l/ • Current uses of oil analysis, Scheduled and Unscheduled Maintenance can The ratio of scheduled to unscheduled maintenance is a performance indicator which be used to evaluate shop performance. We will thoroughly review the costs of operations for both scheduled and unscheduled repair, Parts Operations The Griffith Fleet Management team will employ its extensive experience in parts operations to assess the automotive stores situation, During this step we will review; • The adequacy of the stockage mix and level (items, dollars and line items). • Physical layout alternatives. 14 • The overall balance between parts retrieved from stock as opposed purchased through blanket purchase orders "on the street", to those 4 • The frequency of stock-out situations. • Storeroom staffing patterns, • Fueling procedures and related options to privatize non-emergency fuel storage, dispensing and billing, • The range of obsolete parts existing in the parts inventory, • Observations on other related warehouse stockige procedures. • Alternative policies and practices that could better support the repair operation, • Storekeeper job tasks and appropriateness of job descriptions, • Vendor procedures, I Work Order Control/Shop Scheduling 1J In this area we will address the degree of tightness with which work is assigned and controlled within the shop, This includes a review of current quality assurance procedures and the adequacy of current record-keeping methods, which will allow us to determine the dmg-5 ji r G: i ngendaifem. effectiveness of the current system, First, we will review bow the repair order enters the information system. Second, will evaluate how the mechanic receives his or her instructions, whether verbally or in l/ writing. This includes the amount and type of vehicle repair history provided to the mechanic at the time of repair. c An effective shop scheduling program must be fair and equitable to user deparments. Often, a priority system is necessary in order to keep user departments satisfied. If a priority system has been established, we will examine its structure and use, and determine how the backlog is managed and controlled. Y ~ Equipment Management Information System (EMIS) DMG corimitants have extensive experience in reviewing equipment management ~,.information systems. We have been involved as third-party negotiators of new system purchases, and have been able to beip clients assess the capabilities of current systems. Often a current system, with modifications or upgrades, can be made to work more efficiently and effectively. Specific areas of concern include; • reporting capability 0 response time • data accessibility 0 capacity for expansion Step 6 - Review of StaMng and Management Departmental Organization/Infer and Intradepartmental Communications DMG consultants will review the organization structure within the Fleet Services Department, and will determine if it can be made more efficient and effective. Often opportunities can be found to "streamline" administration and to facilitate the decision making required of top management. Since it provides a service to other departments, the fleet management department must be able to communicate well both internally, and externally to other departments. Consultants will evaluate communications processes to determine methods for; Notifying user departments when it is time for a PM service, • Notifying users that a repair will take longer than anticipated, and 0 Keeping departments abreast of changes in procedures and policies affecting them. ding •6 4 E \ c y; ntIendIItarn 'A Appraising users of operator and user responsibilities, We will also evaluate the various fleet management processes, policies and practices Q in use at the City. Included here will be a review of; • Purchasing processes, including specification writing and bidding, 0 Methods currently in place to control the cost of insurance. t Staffing Issues We will compile the authorized, filled and vacant positions as of the payroll date closest to our start, and perform a comparison of supervisory and mechanic salary schedules 1 to the local market place. If necessary, we will draft appropriate job descriptions, We will pay particular attention to mechanic staffing patterns and job assignments. h Through analysis, we will be able to determine the following • Assignment patterns Swhich mechanics are assigned to which vehicles), This will include a determination of the minimum number of mechanics required to staff the repair operation. • Current vehicle to mechanic ratios, This figure has proven to be an excellent benchmark that can be used to track performance of a fleet maintenance operation. • The current certification levels of mechanics, and the degree of training provided to incumbents. DMG will determine if current training and incentive programs are adequate • Supervisory levels. Through analysis of positions and responsibilities, we will determine if there is a shortage or overabundance of supervisors, • Current shift structures in place, Consultantswill determine if vehicle service is available when needed, and whether the number of shifts should be increased or decreased. Consultants will use this and other data to assess the adequacy of current training programs, incentives and the resource allocation process within maintenance. Step 7 • Review of Facilities and Equipment Equipment and Tools Vehicles and equipment cannot be repaired unless the mechanics are equipped with proper tools which are accessible and kept in good condition. Consultants wi l review the types and condition of the City's tools and equipment. Often control procedures can be reevaluated to reduce inadvertent damage to expensive items, Mechanics should also be dmg-7 II 1 Pi P RI' 1 ~r trained in the proper use and care of the tools, Consultants will ~'~t~'J nda liarn o C~ a o personal tools of the mechanics, including the amount of any tool al lotv~'~c as ess the use of the e provided, Alternative Technologles Often pressure is put on garages to keep all repairs in-house, and to purchase the latest repair devices to keep up with technological improvements, ll a necessary to some extent, often cities and counties spend large amounts of money on repair equipment that can't reily be justified, Consultants will evaluate he need's equipment, and make a decision based on the number will ad for such repairs the equipment would perform, theturnaround time needed on the repair, and the ability to of private contractors savi at Possible re ithe work at tems which a should be ~ont 's of out"at~on will also be addressed when looking ' Space Utilization and Facility Alanagement A, a part of our assignment moveable assets {building and equipment) employed in the repair rocess, Griffith consultants will briefly review fixed and facacit. 1 will be reviewed to ensure that the City is using current space at the optimum capacity, 'This will include to examination of the work space layout and utilizatiThe exM on, process, andtan assessment of the degree to which layout, equipment and tools ago or hinder the repair Often, as fleets grow, they may exceed their facility's capacity before anticipated, Also, technology changes, and makes different demands on space and repair bays, Given the blstorical and projected trends iu fleet size, we will determine if the current facility is adequate, its maximum capacity second facility, , and if the City should consider expanding or building a g Step 8 • Review of Fleet Utlllzatlon, Repair Frequency, and Vehicle Replacement VNIZallon The Griffith team will assess the current size, use and mix of the fleet if the fleet can be reduced ur vehicles need to be added, Departments should be forced to for that class of equipment to determine provide additional justification for vehicles that do not meet utilization criteria established . This in-depth analysis of utilization may result in the following; 0 opportunities to reduce the fleet sire • opportunities to pool similar equipment • opportunities to improve vehicle utilization The utilization analysis will also include a review of the extent of personal use of City vehicles, and the rationale behind the current policies on personal vehicle use, dmg.8 4 Y. is s f I hJ~ndaPJo..._._? 3.~ Central Motor Pool Concepts age~ttiaitam_.5(p G One method to dispose of underutilized equipment which is still in good cop14944 is to develop a City-wide motor pool for certain uses. It may be less expensive for the City to provide vehicles to administrative use to employees who would regularly receive mileage reimbursements. It also reduces personal use of City vehicles if they have to be checked in and out of a pool. Consultants will assess any current vehicle pools, and determine if the City should develop this capacity further. f Useful Llfe of Vehicles 4 I Often, because of limits on capital purchases, many fleet managers will make the decision to continue driving older pieces of equipment. This is unfortunate, more money is lost in downtime and excessive repair costs than would have been spent on a new vehicle. Key indicators that point to this situation include a high average vehicle age, cons whether and high average are being replaced repair costs, Using this and aren't being drive nbeyonldatheir useful life. i Step 9 - Review of Contracting/Commercial Repair We will review current and possible future specialized contracting possibilities by testing both the decision and cost benefit process employed currently, We will look at the current and historical ratio of the type of services contracted out as opposed to those performed in-house. This analysis will focus on the following services: • glass • aintin p g/body work • transmissions • alternators and starters • upholstery • other specialty work Cost/budget adjustments will be formulated, and recommendations made. Step 10 - Review of Fleet Financing The Griffith team will review the current fund concept to determine: • Efficacy of current chargebacks (parts only at present). • The rationale behind organizational structure and internal billing rates, including opportunities for improvement. • Basis for per mile calculations cost, C dmg-9 I Step 11 - Other Issues We will also address other issues which may arise in the course of the study will include a specific evaluation of whether the City should purchase extended warranties on vehicles and equipment. As other issues arise, they will be addressed as well, RECOMMENDATIONS Step 12 - Formalizatlon of Findings and Recommendatlons The Fleet Management team will formalize the preliminary findings, recommendations and detailed study steps and will include; • Current support program and identified enhancements, • Nature of the recommendation. Whether the recommendation is short or long term in nature. • The steps or action required to implement the change, • The expected benefits that could result from further study or implementation of the recommended change, Following the oral presentations of our findings and recommendations, we will draft and send the requested number of copies of the report to the City. Therefore, at the end of our assignment, you will have a thorough assessment of the vehicle maintenance operations and a clear action plan on dealing with possible enhancements, r i ADMINISTRATIVE ARRANGEMENTS Staffing The Project Director for this project will be Robert (Chip) Taggart of our National Fleet Practice headquarters in Washington DC, Mr. Taggart has extensive experience in fleet management, and has directed over 100 fleet projects, Prior to his employment with DMG, Mr. Taggart was a Senior Manager with Ernst & Young's National transportation Consulting Practice, Stephen W. Burnett, Senior Vice President in our Atlanta office, will provide overall direction on the assignment. Specific experience and detailed resumes can be found in the Fleet Management Qualifications submitted in conjunction with thie proposal, Mr. Mark Epstein, Vice President in our Texas office, will serve as the Client Services Executive on this project, He will be responsible for coordinating the project and dmg - 10 C I ' T T- • -_--19K. - - T - z I d apcnlla Itorn_.._~ providing quality control assistance. L He will be further assisted by either Roger Thompson, Robin Haley, or Mark Knight,/F1 regional fleet management consultants who will carry out the day to day, on-site work in the City. The only support expected of City staff is in the initial review of data sources and availability for interviews. We estimate that the review will take approximately 60 days to complete. We would be able to initiate the study within thirty days of award, i i Professional Fees , Our fees are based on time actually worked on the project billed at standard rates. Therefore, professional fees are estimated at $20,500, and expenses at $3,500, The total, not to exceed price, would be $24,000. We will bill periodically during the project and typically expect payment within fifteen days, This quotation will hold for 3 months from the date of this letter. ~rrr* SUMMARY We trust you will find this proposal responsive to your requirements, We are confident that, working with you, we can assist the City in analyzing and refining fleet operations in the general categories described above. If you have any questions about this proposal or wish to discuss it in more detail, please contact either Mr. Burnett at (404) 355.2253, or Mr, Taggart at (301) 569.2002. We look forward to receiving your notice to proceed, Very truly yours, David M, Griffith & Associates,Ltd. By. +Sseteniorec Burnett e-president SWB/mg ding - 11 r. i CITY COUNCIL - ounaabo - oaao OF b @ i N O. own:- ..rte o x 4 D O . C~ o~`~QQO r N s e po~~~o. . °ooaaaocanoo T: I n ~,lcndaNo 3.. CITY COUNCIL REPO A09itf~A~tBltr__„ RT FORMAT w DATE: November 3 1992 D TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, Cit ° Y Manager. SUBJECT: Ordinance and Agreement with the Texas Department of Transportation for the installation of signals at three intersections on FM 2181 RF.COMMENDA__ TION; Approval of ordinance and revised contract S U-MMA RY; The Austin Office of the Texas of Tran revised the "Agreement for the Installation of TrafficoController has by a Municipality", s The agreement provides for the city to furnish and install five traffic signal controllers for the intersection of FM 2181 (Teasley Lane) with Interstate Highway 35 East frontage roads, Oak Meadows Drive, and Londonderry Lane, Tho State will reimburse the City up to the sum of $34,180,95 as estimated for these services. B s' Two traffic ata t et intersection of controllers Roads during construction used to control , wiwill be th the IH35E Will re lace (widening) of Teasle Frontage p these two after constructionan One controller controllers will be installed at the Oak Meadow Driveioand Londonderry Lane intersections, The City will purchase these five controllers, The State will reimburse the Ciyinstala PROGRAMS DEPARTMENTS OR GRC}UpS " AFFEC`IED: Engineering and Transportation Department FISCAL _IMYACT:_ The City of Denton will provide labor and materials installation of the traffic signal controllers during reconstruction of F,M, 2181 for reconstruction work will. take approxim tely one (-1) YeTh ye road complete, Upon completion of the traffic road states acceptance, the Cit Y ar to the maximum amount of the agreemeninvoice fornreimbursementoup`~to \ ` AEE0017.6 t{ Agenda ltoml s Ig RESPE FULLY SUBMITTED: L1 yd V. Harrell City Manager Prepared by: ° 914 21,~elz~t Ro w lkinson Supervisor of Engineering Techs Right-of-way I Approved: I 1 Je ry C1 rk Dir or Engineering & Transportation C i /;jmda No. - Agondaltom..~eS 3o-/ CITY ofDENTON, TEXAS MUNICIPAL BUILDING / 215 E. WKINNEY / DENTON, TEXAS 76201 ~ MEMORANDUM ! i 4 DATE: November 3, 1992 T0: Lloyd Harrell, City Manager FROM: Jerry Clark, City Engineer SUBJECT: Revisions to agreement for installation of traffic signal controller by a municipality 4 The Texas Department of Transportation has resubmitted the above mentioned agreement to the City for reapproval. As stated in Mr. Wallen's letter of October 12, 1992, the Austin office of the TXD.O.T, has revised articles 14, added articles 27 and included the word "order" in the signature certificate for the state in the previous agreements. All labor will be performed by the city's traffic crew for the installation of the traffic signal controllers. A copy of the agreement will be forwarded to Purchasing when ordering the additional controller hardware to ensure the bid specification provisions meet federally funded project requirements. Please advise if you need further information. JerrJOlark(. - AEE0019D t C 6171566.8200 0/FW METRO 434.2529 r; Ir ~ _ Fifl~t~tla Item_.~ s~ 1> Texas' Department of Tra Ajor nsportation P. O, BOX 3067 • DALLAS, TEXAS 76221.3067 (214) 320.6100 October 12, 1992 ' Control 2054-2-8 14 F,M, 2181: from 1,11, 35E To 2,0 Niles South of I.H. 35F In the City of Denton Denton County Air. Jerry Clark, P,E, Director of Engineering and Transportation City of Denton 215 Fa8t McKinney Street Municipal. Building Denton, Texas 76201 Dear AIr, Clark: 1 Our Austin office has returned the proposed agreement for the City { to furni_h and install certain traffic signal equipment on F. N. 21F;1 durin; the upcoming reconstruction Project r be made to [;heels 5, 7 and 8. A copy Of their memo ueswith nghehanees changed market', in red is attached. We have replaceri Sheets 5, 7 and 8 plus added Attachment B following Sheet. 7 and request the City Afan<jger do either of the following; 1, Execute the new i1„reernent (Sheet 8 of 8) and remove the Sheet 8 of 8 signed Sept:enber 1, 1992, or 2. Initial. Sheets 5, 7 and Attachment 13 and remove the riew Sheet 8 of 8. Please return the two originals for our further handling, nc 1 Leroy {alien, P,E, Dire ct0 , f ; Attachment Traitsj)ortaLion Operations a` An EqualOppo,lunily Employer 4 l r\ F Y[A r+ ' ii I ,I A,,;,Aa No. -_..~..aZ.._ Ito - , M. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT 4 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL CONTROLLERS ON FM 2181. AT ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E, OAK MEADOW DRIVE, AND LONDONDERRY LANE IN DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. w THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an agreement with the Texas Department of Transportation for installation of traffic signal controllers on FM 2181 at its intersection with Interstate Highway 35E, Oak Meadow Drive, and Londonderry Lane in Denton. SECTION II. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That Ordinance No. 92-145 is repealed. SECTION IV, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WAL`PERS, CITY SECLETARY BY: APPROVED AS TO LEGAL, FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 9 I. 11 s _ t, Ei STATE OF TEXAS Agreement No. COUNTY OF TRAVIS AGREEMENT TRAFFIC SIGNAL CONROLLERS BY A MUNICIPALITY THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State", and the City of -j gnton -Qes?t n . County, Texas, hereinafter called the "City", acting by and through its duly authorized officers as evidence by Resolution/Ordinance No. acknowledged by reference. - hereinafter Wj~H -TH WHEREAS, the State owns Pnd maintains a system of highways and roadways, including F.M. 2181 and 1-35E, in the City of Denton; and WHEREAS, the City has requested the State to reimburse the cost of obtaining and Installing the traffic signal controllers at the intersection of 1.35E and FM 2181, the intersection of FM 2181 and Oak Meadow Drive, and the Intersection of FM 2181 and Londonderry Lane, hereinafter called the "Project"; and WHEREAS, the State and City wish to cooperate In the construction of this Project; and WHEREAS, the City desires that equipment be provided that is compatible with standard signal operation and; and WHEREAS, it is in the best interest of the City and the State for the City to assist the State in supplying traffic control equipment on the Projeet; and WHEREAS, on this 29th day of November, 1988, the Texas Transportation Commission passed Minute Order No. 88031, approving the Project; and WHEREAS, the Project has been designated as a federal-aid program and thus this agreement shall be made in accordance with Federal Highway Administration (FHWA) procedures and regulations; and WHEREAS, the State is authorized to enter into an agreement with the City for the Project pursuant to Article 6673-b, V.A.C,S.; Sheet 1 of 8 C I ~I 1 H ~cnda '#LW1 r STATE OF TEXAS Agreement No. COUNTY OF TRAVIS TRAFFIC SIGNAL NCONTROLLERS BY A MUNICIPALITY THIS AGREEMENT is made by and between the State of Texas, acting through the Texas A Department of Transportation, hereinafter called the "State", and the City of Dew Denton on County, Texas, hereinafter called the "Clty" authorized officers as evidence b acting and through its duty acknowledged by reference, by ~/Ordinanc e No. hereinafter ~!I_NESS~T~ WHEREAS, the State owns and maintains a system of highways and roadways, including F.M. 2181 and 1.35E, in the City of Benton; and WHEREAS, the City has requested the State to reimburse the cost of obtaining and Installing the traffic signal controllers at the intersection of 1-35E and FM 2181, the intersection of FM 2181 and Oak Meadow Drive, and the intersection of FM 2181 and Londonderry Lane, hereinafter called the "Project; and WHEREAS, the State and City wish to cooperate in the constructlon of this Project: and WHEREAS, the City desires that equipment be provided that is compatible with standard signal operation and; and WHEREAS, it is in the best interest of the Clty and the State for the City to assist the State In supplying traffic control equipment on the Project; and WHEREAS, on this 29th day of November, 1988, the Texas Transportation Commission passed Minute Order No, 88031, approving the Project; and I WHEREAS, the Project has been designated as a federal-aid program and thus this agreement shall be made In accordance with Federal Highway Administration (FHWA) procedures and regulations; and WHEREAS, the State is authorized to enter into an agreement with the City for the Project pursuant to Article 6673-b, V.A,C.S.; Sheet 1 of 8 t t l l~ Agenda llarn._. -A? LS~EEMEt~T NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as c, hereinafter set forth, it is agreed as follows., ARTICLE 1. CONTRACT PERIOD This agreement becomes effective on final execution by the State and shall remain in b effect as long as said traffic signal controller is in operation at the described location, or unless otherwise terminated or modified as hereinafter provided. ARTICLE 2. CONSTRUCTION RESPONSIBILITIES A. For all items of construction other than furnishing and installing the traffic signal controller, the State will prepare the construction plans, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction as required by said plans, The State will secure the City's approval of construction plans prior to award of contract. B. The furnishing and installation of the traffic signal controller will be part of the construction to be undertaken by the City, and the State will reimburse the City for its contribution to the Project, as prescribed under Article 3, "Compensation." ARTICLE 3. COMPENSATION A. The maximum amount under this agreement without modification is $ 34,180.95. A cost estimate of the work authorized under this agreement is marked Attachment A", attached hereto and made a part of this agreement. B. The State will reimburse the City the cost of furnishing and installing the traffic signal controller as to the location and manner of construction as shown and described In the plans and specifications, C. The State will reimburse the City for properly supported costs incurred under the terms and conditions of this agreement. Costs Incurred prior to the Issuance of a written "Work Order" by the State will not be reimbursed. Reimbursement will be made by the State to the City for labor, equipment use, materials, supplies, travel expenses, and warehouse or material handling charges provided the City has paid from City funds their obligations covering items of costs previously billed, Sheet 2 of 8 i s l1 ~I 1 I ~;1",tilt r ~VD. - I y--_ ARTICLE 4. PAYMENi, A. The City shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the State upon completion of the Project and the State's acceptance thereof. B. An original and four (4) copies of the Billing Statement should be submitted to the following address: P.O. Box 3067, Dallas, Texas 75221-3067. C. All billing statements shall be properly documented, summarizing the costs by description of work performed, quantity of materials and devices, unit price, labor costs, and extensions. D. The State shall make payment to the City within thirty (30) days from receipt of th8 City's request for payment, provided that the request Is properly prepared, executed, and documented. E. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. The State will prepare a final audit upon completion of the work authorized or at any time an audit Is deemed to be in the best interest of the State. ARTICLE S. PERSONNEL,, EQUIPMENT, AND MATERIAL A. The City will use labor and supervise personnel employed using City-owned machinery, equipment, and vehicles necessary directly eywthe orrk City, In the 1 event that the City does not have the necessary machinery, equipment, and vehicles necessary to perform the work; the machinery, equipment, and vehicles may be rented or leased as necessary at the low bid price submitted by at least two approved bidders. 8. Reimbursement for the use of materials purchased by other than competitive bid procedures will be made only if such procedures are shown to be in the public Interest and provided the State shall have given prior approval for the use of said materials. All rnaterlals used for the work shall be new and undepreciated. ARTICLE 6. INSPECTION OF WORK A, The State shall make suitable, frequent, and complete inspection of all materials, and equipment, and the work of installation to determine arid permit certification that the Project and its components meet all applicable requirements of the plans and specifications in suitable condition for operation and maintenance by the City after its completion. Sheet 3 of 8 B. The City will provide opportunities, facilities and representative samples, as may be required, to enable the State to carry on suitable, frequent, and complete inspection of all materials, and application methods, sufficient to afford determination and certification by the State that all parts of the installation and the component materials comply with the requirements of the approved plans and specifications. The State will promptly notify the City of any failure of materials, equipment or installation methods, and the City will take such measures as necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 7. MAINTENANCE AND OPERATION RESPONSIBILITIES Upon completion of the Project, the City agrees to operate and maintain at its own expense, the traffic signals as a part of the street system and agrees to assume the cost of all electrical power required for signal operation, including the electrical power needed during test periods. ARTICLE 8. TERMINATION A. This agreement may be terminated by one of the following conditions; (1) By mutual agreement and consent of both parties. (2) By the State by writing notice to the City as consequence of failure by the City to perform the services and obligations set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the City. (3) By either party, upon thirty (30) days written notice to the other. B. If, at any time, the City fails to assume the construction responsibilities as prescribed herein or the maintenance and operation responsibilities for the traffic signals In a satisfactory manner as determined by the State, the State reserves the right to assume M the construction responsibilities or to arrange for maintenance and operation responsibilities at the expense of the City. I' ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the City shall save harmless the State from all claims and liability due to activities of itself, its agents, or employees, performed under this agreement and which result from an error, omission, or negligent act of the City or of any person employed by the City. The City shall also save harmless the State from any and all expenses, including attorney fees which might be Incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its agents or employees. Sheet 4 of 8 r, a; t ARTICLE 10. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the 4 agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City, Thfs agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 11. DISPUTES Should disputes arise as to responsibilities and obligations as set forth in this agreement, the State's decision shall be final and binding, ARTICLE 12. SUBLETTING The City shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless specifically authorized in writing by the State. In the event subcontracts are entered Into by the City, the subcontractors must adhere to the provisions of this agreement. ARTICLE 13. AMENDMENTS Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment, Any amendment to this agreement must be executed by both parties. ARTICLE 14. INSURANCE City, as a self-Insured entity performing work only with City forces, shall extend the protection of its self-insurance to the State for any and all damages and injuries arising from City's performance under this Agreement. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rlghts, contractual or otherwise, to any other person or entity, Prior to the City performing work on the Protect, the City shall furnish to the State a completed Certificate of Insurance (Form 20,102 3-82), ARTICLE 15. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the State. Sheet 5 of 8 1 t 1 ARTICLE 16. INSPECTION OF CITY'S BOOKS AND RECORDS The State shall, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract terminatlon. The City shall maintain all books, documents, papers, accounting records and other documentation relating to casts Incurred under this contract and shall make such materials available to the State, FHWA or its duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of final payment under this contract or until impending litigation is resolved. Additionally, the State, FHWA and its duly authorized representatives shall have access to all records of the City which are directly applicable to this contract for the purpose of making audits, examinations, excerpts and transcriptions. 4 ARTICLE 17. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, Illegal, or unenforceable In any respect, such invalidity, illegality, or unenforceability shall not affeul any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been i contained herein. ARTICLE 18. GOVERNING LAWS AND VENUE This agreement shall be construed under and In accordance with the laws of the State of Texas, Any legal actions regarding the parties obligations under this agreement must be filed in Travis County, Texas. APTiCLE 19. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. ARTICLE 20. OMB A•128 AUDIT REQUIREMENTS I The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated In paragraphs 6, 8, and 9 of OMB Circular No. A•128, ARTICLE 21. PROCUREMENT STANDARDS The City shall adhere to the procurement standards set forth in Title 49 CFR Part 18.32. Sheet 6 of 8 5 ~n •;,rF~ hJo -.,,3,~ ARTICLE 22, PROPERTY MANAGEMENT STANDARDS The City shall adhere to the property management standards set forth in Title 49 CFR Part 4 18.36. ARTICLE 23. COMK.IANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and q regulations, and the orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the agreement, Including without limltatlon worker's compensation laws, minimum and maximum salary and wage statutes ar d regulations, and licensing laws, permits and regulations. When required, the City furnish the State with satisfactory proof of compllarice. ARTICLE 24. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportatlon as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment Opportunity as amended by Executive Order 11375 and as a supplemented in the Department of Labor regulations (41 CFR 60). ARTICLE 25. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS 1 The City agrees to comply with the requirements set forth in Exhibit B, Minority Business Enterprise Program Requirements". ARTICLE 26, DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WHICH EXCEED $100,000) The City is prohibited from making any award at any tlur to any party which 15 debarred or suspended or otherwise excluded from or ineligible for participation in federal I assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. I ARTICLE 27. GRATUITIES Attached hereto (Attachment B). sicet7of8 r. 'i r ;u1aNo.___fra~. 33_...._ IN WITNESS WHEREOF, The State and the City have signed duplicate counterparti o i the Agreemem CITY OF DENTON THE STATE OF TEXAS c Certifled as being executed for the By, purpose and effect of activating and/or carrying out the orders, Signature established policies, or work programs heretofore approved and LLOYD V. HARRELL. CITY MANA ry R authorized by the Texas Typed Name and Title Transportation Commission under the authority of Minute Order 100002; Date 1 by; Signature ATTEST; JENNiFFR WALTERS, CITY SECRETARY TRAFFIC OPERATIONS ENGINEER BY; Date APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY A BY; Sheet 8 of 8 I i x i 1 ~,~s::rlalt~m ,57' - IN WITNESS WHEREOF, The State and the City have signed dupllcate 6ou ferpar s 0 the Agreement. 7, s,/ A/ CITY OF DENTON THE STATE OF TEXAS U Certified as being executed for the purpose and effect of activating B ; and/or carrying out the or crs, orders, Signature established policies, or work programs heretofore approved and LLOYD V. HARRELL, CITY MANAGER authorized by the Texas Typed Name and Title Transportation Commission under the authority of Minute Order 100002: ~y_1 ^ ?OL 77 Date By: Signature ATTEST: JENNIFER WALTERS, CITY SECRETARY TRAFFIC OPERATIONS ENGINEER ` BY: I Date APPROVED AS TO LEGAL FORM: DEBRA A, DRAYOVITCH, CITY ATTORNEY BY: Sheet 8 of 8 w I d t~ant1a No. ~91indaWln IS, ATTACHMENT A (CONTD) Equipment and associated costs of installing three prmxnent traffic signal controllers and cabinets at three )b1Le~sections mil F~( 2JQI in Denton are as follows: r, ftCsonal Services HOURS RATE TOTAL Paul Iwuchukwu (Traffic Engineer)., 40 ! 20.72 = I Manny Coronado (Traffic Supervisor).35 a 17,89 = 819.65 - Jeff Gann (Traffic Tech)....... 35 8 14.54 = 508.90 Les Gibson (Traffic Tech) 35 a 13.87 = 485,15 Mike May (Traffic Tech) 35 a 13-47 = 471,45 Consultant Cost for Signal,. Synchronization..,.. ..,.,,;10 a 6U.U11 L,ttUU,UU Contractor Cost for Manual Traffic (,ousts.................... = (1100.U0 :-aaaa:oaaa:s7.-.:777s=sae=s= Labor cost Sub Total ~ 51313.78, i Equipment QTY COST TOTAL Transyt 1880EL 8 phase Controller and Cabinet complete with all Piugables 6 Model 12EL LCD 2 (a 5,798.00= 11,596.00 r.onflict Monitor. 'rransyt, 1880EL Controller and Cabinet (game as above but for Diamond operritiorr) 1 @ 8,156.00= 6,456,UU Canoga IP124T) Detector Ampiifirrs. 8 0 480.OU _ :3,fi80.UU Canoga Power Supplies 3 @ 282.UU = 786.00 Misc Electrical Items 3 @ 50.00 - 150.Ou Equipment cost Sub Total = 22,688,00 Total cost (Permanent Signals) 7 27 981.75 Total Project cost m 340180.05 ;%y questions Please contact Paul Iwuchukwu at (8171 566-835H. ,t i' . I I~ \ J AgoiidaIIsm...lGS 0 Attachment B GRATUITIES Texas Transportation Commission policy mandates that employees of the Department 4 shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Texas Department of Transportation Executive, Director. Any person doing business with or who reasonably speaking do business with the State under this contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove, Failure on the part of the City to adhere to this policy may result In the termination of this contract. C\/ I , k+lcndaliam_1eJ OW q, Exhibit "B" SPECIAL PROVISION r MINORITY BUSINESS ENTERPRISE REQUIREMENTS 1 It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart b, apply to this contract as follows. The Cifir agrees to ensure that Minority Business Enterprises, as defined in 49 CFR Part 23, Sufjpart A, have the maximum opportunity to participate In the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFA Part 23, exclusive of Subpart D, to ensure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The City and any of its subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts fundod in whole or in part with Federal funds. These requirements shall be physically included in any subcontract, Failure to carry out the requirements set forth above shall constitute a breach of Contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. c i CITY t COUNCIL . °°oaoaaoa ~ - a oo°oy ° p a P - oo` ° off. xo . 0 O C C} ' O~~ F a * g O~ ; ~~°Q p ° N , t C i' °°oO °0oaaooativp°° - i t i~ 1 li fi CITY COUNCIL REPORT FORMAT Dam / v 1 TO: Mayor and Members of the City Council a FROM; Lloyd V. Harrell, City Manager SUBJECT; Bridges - Hemphill Escrow Agreement RECOMMENDATION: n(k4 ~y To release 10 year escrow account since Masch Branch Road will not be a City Project in the CIP or other in next five years SUMMARY• City Council reviewed this concept on September 15, 1992. The Council's ccncensus to release the escrow was prudent since the road is not scheduled to be improved. BACKGROUND;. Normally, developments of this type have to perimeter pave when they plat. Deferment was approved based on the CIP. asch Branch Road is an important artery that provides access to this site, the airport, and industries in the area but has since been deleted from s the CIP. i PROGRAMS IL P VNKNTS, OR GROOPS AFFECTED,, Citizens who live and work in area, street Divisions, and Engineering U-1 9A-4 IMPACT. The $10,345.75 will have to be picked up by tax payers when road is rebuilt. AEE00168 r R ;j Agenda item RESPECT LILLY SUBMITTED: ~1GQe, Lloyd V. Harrell City Manager Prepared by: Rog N. Wilkinson Y Supervisor of Engineering Techs Right-o£-Way Approved: C J rr C - Di of 0 Engineering & Transportation y r ntlontla Nn.. ~~2 `..I3 _ Agerdalm 7 MEMORANDUM CITY ofDENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 DATE: October 15, 1992 9 TO: Lloyd Harrell, City Manager FROM, Jerry Clark, Director of Engineering & Transportation SUBJECT: Hemphill Addition Ordinance The enclosed ordinance w9.11 allow the escrowed funds to be returned to the original depositors for the Bridges Hemphill Addition. This site is a bus detailing shop on Masch Branch Road that has been in business over 5 years. In the September 15, 1992 work session, the concepts and details behind this case were presented to City Council. The consensus was that the escrow had served its purpose and should be released. We have enclosed additional backup to provide information that may be needed for your final decision. We recommend you proceed with the ordinance as presented. C ~ Jer.y C}~ark AEE001BC \Y Z 8171566.8200 D/FIN METRO 434.2529 i HEMPHILL.00 Ago oda J~`G ORDINANCE NO, _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RELEASING LARRY D. HEMPHILL, ELIZABETH A. HEMPHILL AND VIRGINIA E. BRIDGES FROM THE OBLIGATIONS CONTAINED WITHIN THE ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND AND THE AGREEMENT PROVIDING FOR DEFERRED STREET IMPROVEMENTS FOR PERIMETER PAVING ON MASCH BRANCH ROAD WHICH THEY EXECUTED ON JULY 311 1987, AUTHORIZING THE PARTY NAMED THEREIN AS ESCROW AGENT TO RELEASE FUNDS HELD PURSUANT TO THESE AGREEMENTS, AND DECLARING AN EFFECTIVE DATE WHEREAS, on July 31, 1987, Larry D. Hemphill, Elizabeth A. Hemphill, and Virginia E. Bridges executed an Escrow Agreement in Lieu of Performance Bond to guarantee completion of perimeter A street improvements as set out in the Agreement Providing for Deferred Street Improvements of like date, both of which are at- tached hereto as Exhibits A and B, respectively; and WHEREAS, at the time this escrow agreement was entered into, the subdivision regulations of the City of Denton, Texas required such an escrow agreement to be maintained for a period of ':en (10) years; and WHEREAS, since that time, the subdivision regulations have been amended to provide that such escrow agreements be maintained for only five (5) years; and WHEREAS, Larry D. Hemphill, Elizabeth A. Hemphill, and Virginia E. Bridges have maintained these fundm in escrow for a period of five years, and improvements to Masch Branch Road are not planned for the next five years; and WHEREAS, in view of these facts and considerations, Larry D. Hemphill, Elizabeth A. Hemphill, and Virginia E. Bridges have asked that the obligations contained within their escrow agreement , re- leased and funds returned, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I_ That Larry D. Hemphill, Elizabeth A. Hemphill and Virginia E. Bridges gyre hereby released from the obligations con- tained within the attached Escrow Agreement in Lieu of Performance Bond and Agreement Providing for Deferred Street Improvements, both of which they executed on July 31, 1987, and that the party named therein as Escrow Agent is hereby authorized to release to these individuals all funds held pursuant to these agreements. SECTION II. That this ordinance shall become effective imme- diately upon its passage and approval. . )i a(~UfldaItom. _16" Ff-z F [XI PASSED AND APPROVED this the day of 1992. t BOB CASTLEBERRY, MAYOR 9 ATTEST: JENNIFER WALTERS; CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCh, CITY ATTORNEY BYt PAGE 2 I c f. ~-~+r- - -r. P mom BLBLUE-'11RD Bridges • Hernphlll Fnter rises Inc, A' r,rld,, NO. PHONE: n!i 1 IPQ1n (817) 367-8860 1'800.633.8613 0 ' August 19, 1992 4 Mayor Robert Castleberry City of Denton 215 E. McKinney Denton, TX 76201 Reference: Hemphill Addition, Block A, Lot 1 4,790 Acres 1012 N, Masch Branch Road Den ton, 'rX 76207 Dear Mayor Castleberry; We hereby request consideration be given Improve currently i tr releasing the Certificate of Improvements mentsents for the it, favor of the City of Denton for Deferred Street above referenced property. It is our understanding the City has no immediate plans for street improvements n ~hls area, We also understand the City ordinance clip,r,. requires this type of deposit for a period of only five years In l*.eu of the ten tly years originally required, Based on the ordinance change we hereby request our Certificate of Deposit be released. We appreciate a timely and considerate response to this request. Sincer , J.ace rrY emphlIl Pre Ident J LDH/bh MAIN OPPICE; J 1807 Ndelh Elm, Soils 120 PHYSICAL ADDRESS; Denton, rexas 76201.3023 IOf? Maeoh Branch Hoed BRANCH OPPfOE; (617) 387.6860 Detilon, Texas 7620s 18830 Cypress N, Houslon Cypress, Taxes 77420 L {713} 3731347 i, ^~m~rlaNo. ~.__Ta -S2 - CITY Df DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 75201 MEMORANDUM DATES August 21, 1,992 0 TOs Lloyd Harrell, City Manager FROMs Jerry Clark, Director of Engineering & Transportation SUBJECTe Hemphill Addition - Request to Release Escrow C.D. The Hemphills are requesting their escrow account for the perimeter paving of Masch Branch Road along their frontage be released. The deposit was originally sat up In August of 1987 to be a 10 year deposit as per the ordinance at that time. When the street ordinance was revised in 1988, the escrow length was changed to 5 years to be compatible with the Citys planning process for the Capital Improvement Program (C.IP). Masch Branch Road from U.B. 380 to north of the Airport was in the CIP an a candiate project without voter election approval, The decision to delay was based on that project reaching construction in a 3-10 year time frame. Masoh Branch Road has since been deleted from the list due to reveyiue problems which has down sized the CIP, Masoh Branch Road from Scripture to U.B. 380 will someday be an important road needing to be widened to 4 lanes. Estimated cost for that section is $800,000.00 as per Phase I cost estimettes in the CIP. At this time, It is a 2 Lane seal coat with a stabilized subgrade as reworked by the street Division approximately 2 years ago. since platting and perimeter paving options are approved by P&7, and City Council, release of those funds should be undertaken by those same governing bodies. Ordinance does not allow staff members to have these responsibilities. Joe Morris recommended that P&Z and City Council or just City council consider this request so to streamline, I am submitting directly to city Council. The decision to release the funds should be based on whether Masch Branch Road from U.e, 380 to Scripture will be a city priority in the next five years. Since It is not in our CIP at this time, f~snding would need to come from some source. Je r C AEE0019D/15 8171566.8200 D/FW METRO 4342529 c I 4 e ut:r el upea aS or - Mr. Kamman stated that he felt traffic is a problem in this area, He said that he was not sure that this area logical for single family ilse,. A-~rcl;aNO. Mr, Escue moved to recommend denial of Z-1847,e~con~~d` -5 by Ms. Brock, Mr. Claiborne stated that the Commission could probably , live with 2-4% over the intensity standard but that two- c story did not feel right in this area. Vote was called and motion carried (4-2), Mr. Glasscock and Mr, Kamman voted ►io. V-33, Petition of Bridges-Hemphill Enterprises, Inc. C~,I `requesting a variance of requirements of the City of Denton Subdivision and Land Development Regulations in conjunction with the proposed platting and development of a tract of ].arid approximately 3.842 acres in size r located adjacent and east of Masch Branch Road at a point beginning approximately 2,500 feet south of U.S. 380 West (University Drive), Commercial (C) zoning is in place and { expansion of available building area to accommodate repair, outfitting, sales and service of buses is proposed. The specific requirements affected by the variance request are: rArticle which provides 7 that awater tsystems aStadards, ndreapacity must be adequate for domestic and fire protection purposes ArticleOI11,a4.03, subparagraph Hequired), - which requires perimeter street road improvements (curb and gutter, paving to city specifications, and drainage improvements) for a 217.6 foot section of Masch Branch Road. Three notices were mailed to adjacent property owners; one reply form was received In favor, no reply forms were received in opposition, Mr. Ellison stated that the variance that was requested for the perimeter street paving improvements has been resolved. PETITIONER: Ron Alsup, representing Bridges-Hemphill, state t at they are proposing a 4,000 square foot build- ing for shop repair to expand current business, fie said that they first proposed the new building 40 feet from the existing buildings but that they can move the building further, He said that they have the best lint: of buses and they work almost exclusively with the State of Texas, fie said that Denton is a good area for them and the two acre site in Sanger is too small and they need more room. Mr. Claiborne asked if this would be for manufacturing, Mr. Alsup stated that the proposed building would be for sales, service and outfit, and some repairs. He said that they have fifteen full-time and ten part-time employees, 4 Y. OPPOSED: None present, STAFF REPORT: Mr. Ham stated that thejPlp~iljc til _jes Boa r3 recommends approval and a memo was'siibmittpital h~/~ ~ the recommendatic.1, He said that in the 1989 Capital Improvement Program a 12 inch water line will be install d down Highway 380, down Masch Branch Road to Jim Christal Road, He said that this line has been requested to be moved up to 1988 by the Public Utilities Board, He said i that the developer would have to pay a pro rata when constructed. He said that the petitioner has requested a water well permit. Mr, Claiborne asked about the existing well, Mr. Ham stated that it has a 637 g.p,m, and that this is less than I half of what is required. Mr. Claiborne asked if the well was fairly large, Mr, Ham stated that he could not attest to the g.p,m, or the size of the well, Mr. Claiborne asked dir. Hagemann if he had anything to add. Mr. Hagemann said no. Mr, Claiborne asked if the variance is approved, can there be a condition added so that the petitioner will have to tie Into city water when the line is constructed. Mr. Ham stated that a statement is put in the application for the water well, Ms. Carson stated that the statement Is not enforceable by ordinance but is added as a separate condition, Mr, Ellison stated that the petitioners have expressed a desire to expand with more facilities and the fire issue will arise again If they decided to expand, Mr. Hagemann stared that in the fire code every place of business will have fire protection from the city water system, Mr. Morris stated that he was not sure if the fire code required the ind?.vidual to connect to the Capital Improvement Program water line once it is completed. REBUTTAL; Mr. Alsup stated that his client will sign an agreement to connect to city water and that they will be Improving the street, Chair declared the public hearing closed. DECISION: Mr, Escue stated that because the expansion o T-Me`water line is not long off and violation is not that extreme Mr. Glasscockhandomotion move to unanimously approve carried (6c0 ded by Mr, Claiborne requested that the Planning and Zoning Commission have a joint study session with the Public Utilities Board to discuss fire flow, water line capacities and other issues, lie added that he ,Jould like a representative from the fire Department to be at this meeting, All Commission members concurred. 'Jr. Ham stated that he would relay this request to the Public lhilitipv nnarrl PROJECT N0, CONTRACT NO. THE STATE OF TEXAS § COUNTY OF DENTON 9 ESCROW AGREEMENT IN LIEU , (Development Cont""Ictl' BOND of $50,000 or less) vements WHEREAS, f+arrv Hemnhil i Elizabeth A. Hemphill b /Vir.Binia WeWMer referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial Jurisdiction; and WHEREAS,' Owner Iles, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a devolopment contract to insure that any and all streets, water and sewer lines, drainage facilities or usher improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of Cne City; and WHEREAS, Owner wishes to receivra building permits for said ~ property prior to the completion and approval or acceptance of ' a the Improvements by the City; and WHIIREAS, in order to receive such building permits owner may, where the cost to complete the Improvements is $50,000 or less, in lieu of postLng a performance bond, escrow cash money with a bank as escrow aaent in an aw,)unt not less than the amount necessary to insure completion of said Improvements; ti C1'4 Jo. r 'ell /7 NOW, 'THEREFORE, OWNER, City and shank n nn, 'Texas hereafter called "Escrow ` Agent", agree as follows; 1, Amount, Owner, as a condition to receiving building per- mits for property located at Route 1, Box 402-2, Mausch Branch Road, nenton. T Y&s 7fi201 shall deposit the sum of Ten Thousand, ousand, Three Hundred Forty Five and 75/100, , , , , 3 10,0457`5 in cash money, with Escrow Agent,,said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the public; said Improvements being more particularly described in that certairt development contract dated the 29th _ day of lulu 19 87 between the City, 'Owner and OWner's - Contractor, to which reference is made tzerein, 2, Notice of Deposit, Ou building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount ! specified herein, has been deposited in an escrow account with Escrow Agent, 9. Release of Funds, Escrow Agent shall not release any or all of the, escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release Such fu,idsi as provided for herein as follows: (a) the City Lrigineer shall auttiori,ze the release all ttte esevowed funds when all L,nprovements are ( 4` E \ PAGE 2 A 9, 1 9q completed and tapproved 1 sions of in accordance w!.th dPerotervimination of which shallmbet contract; she Engineer whose judgment shall be~ade by the City parties hereto. binding on all. (b) The Cit En authorize, Eiperiodical) l but is not required to, specified sums of the ye; the release f Owner if, and as jcrowed funds to the and a p the Improvements are completed PPruved or accepted by the City in ata es o long eas. Coe coremaining Cunds not releasedgare suf icin P the construction of the are requirImprovements which have not been, but approved by thetCitye completed and accepted or r 3. Notices, Any notice to be sent, or required to be sent or given under this agreement shall be slant to the a the parties hereto, as follows: address of CITY; 215yEast iifcKinney Denton, Texas 76201 OWNER: Larry D. Hemphill., et al Rt. 11 Box 402-2, Mausch Branch Rd. -U-e n off ESCROW AGENT; USBank P.O. Box 2226 ~rtrdR. Iexas 7620I 4. E'eas, Owner agrees to pay any and all fees or costs charged by tits Escrow Agent in con:iectton with this Agreement. 5. Nonliabill,tYof Escrow Agent. The Escrow Agent shall have no responaibl,lity except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance with this agreement. The Escrow Agent shall not be liable for any acl: done or omitted to be done undek thin agreement: or in ` PAGb'3 b r. E' Rlttrll_.l;s..A/'_Fw,. py connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or arises among any one or disagreement other more of the parties hereto and/or any party with respect to the funds deposited Account in the Escrow , the proper interpretation of this agreement of the Escrow Agent hereunder or the rights of the parties to this agreement, ChE, Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is absolute seteled, and the Escrow Agent has the follllowowing right at its discretion to do either or both or the f; (a) withhold and/or stop all further errance this agreement until thn Escrow Agentiismsatisfied by receipt substancnce e • under f.. toriCten document in form and executed and bindleg y to the Escrow Agent and hereto (who may r incl upon all interested parties question ude the subscribers), that the resolved; ordispute, or disagreement has been (b) file J a suit in interpleader and obtain b udgment ,ndered by a court of competent juris- diction, an order binding the matter, all parties interested final in 6, Successors and Assi ns __RThis agreement .shall be binding upon the successors and assigns of the parties hereto. 7, LL e. The parties hereto agree that if any legal action is necessary in connection with this agreement .shall, lie in Denton COurlt , exclusive venue y, Texas, PACE 4 f, i4 7 IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this JIaL_ day of Ju1v + 1987 CITY OF AENTON OWNER r BY: B Y ' ESCROW AGENT BY. ~l~~DoeD~ i PAGE s 4Y 1. Y. Is IN WITNESS IYHEIIEOF, the said City, Owner, and Escrow Agent have signed this instrument this -IL4t_ day of 19 81 CITY OF DENTON OWNER 9 I BY, _ BY. ESCROW AGENT BY: PAGE S ti f, ' *~'ww+ lS~.iL THE STATE OF TEUS S /f COUNTY OC DENTON S AGREEMENT PROVIDINC FOR DEFERRED S'rRGET IMPROVEMENTS WHf'RF.AS, t.arr D, item hill Elizabet A, Ilem hill and virgi~neC 1deshas sought approval ro su ivide or F'18 of Denton Texas „ eveiop W property within the City said Property CitY ? or its extraterritorial hereto and incorporatedsherein b or shown in Exhibit Jurisdiction, Y reference; and Ali attached WHEREAS, Denton Owner, pursuant to the ordinances Texas, is required to rdinances of the City of perimeter streets adjacent to said mPrope Irtmpyr,ovaemndents to unimproved pr a I WHEREAS, the Planning and Zoning Commission of City has, upon based upon a findin that pursuant to City's development ordinance, or desirable tgtime oEaad street improvements are not feasible required street improvements; abd val of development, postponed the. WHEREAS, pursuant to City's r { enter Into this agreement to in urencompletionrofathe deferred street improvements if later required b elected to City's on Y City in accordance with deferrral ofEsaidascreeteimprovemenrs and approval of said sion or development, agree as follow sin consideration of the city's subdtvf- 1, Owner shall be obligated to make street improvements to the unimproved existing perimeter streets adjoining the described herein and as shown on the plat approved therefore, if required by City within tan 1ears property ment; said streets, or portions) hereof f the date of this agree- being described in Exhibit "8", attached hegretoe ando incorporated by reference, The determination of whether said street improve- ments shall be made within the required time shall be made by the Planning and Zoning Commission, after pubic hearin pon the recommendation cf the City Engineer, said deltermination~toube made within nine (9) years of the date of this agreement. If no deter- mination is made by the Planning and Zoning Commission of City within the required time, Owner shall have no obligation to make said street improvements and this agreement shall terminate. 2. In order to insure the completion of the street improvements In accordance with this agreement, owner shalt, prior to any deve- lopment of the property amount not less than one ands onephalfrtimes tithe mo ntCfnecessary to complete the required street Improvements, as determined by the City Engineer, guaranteeing the full and faithful completion of the 41 c~ required street improvements meeting bonds sha l l City's speclficaticrs; said be in favor v£ City and shall be executed by an approved surety company authorized to do business in the State of Texas. Said bond shall be renewed successively, as required, prior to its expiration' date, so that there will be a valid, unexpired performance bond providing for the construction of said street improvements during the time for which the street improvements may be required under this agreement, t 3. If the street improvements provided for herein are r~quested to be made in accordance with this agreement within the required time, Owner shall enter into a development contract, as required by City's development ordinance, and complete the required street improvements with reasonable diligence, Owner agrees that upon the owner's failure to complete the required street improvements upon request as provided for herein, Owner shall damages the amount of 'ten Thousands Three Hundred FortyCF'ive a and 75/~Opdated t o amount o t o (S 10,345,75 being i c ~9r7c4gA< QZ required ere n, Escrow Agreement 4 The enforceable pintiDentonrC unty,reTexasa,t andisIfCOlegact shall be necessary in connection therewith, exclusive venue shalltiIIa in Denton County, Texas Executed this st day of ,tiny 19 87 OWNER CITY OF DENTON, TEXAS' BY: MAIA 44 C; ~ ATTEST; Lip I 4FQO;4:; Ct. OF DE TON,"TFXAS A APPROVED.AS TO LEGAL FORM: DEBRA ADAMI DRAYOU'ru, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO , ~ In . r1 - IN 10 f~. t Nc it, 1 \ I. ' ' ' Y 1 low* Y L . CITY COUNCIL . oooad~aau n~ oo ~ t:: Fn n a - G U_ O ~OO~a rq OV ~DDOroN' t~~o~`O_ °ooonn~aao~° _F. I: ~Y .Ill c:;meet. res kondaNo n~eodellem_.. RESOLUTION N0. A RESOLUTION POSTPONING THE 1992 TO DECEMBER 8 REGULAR COUNCIL MEETING OF DECEMBER , 1992; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS scheduled , the regular Council meeting Of the City for December 1 19921 NOW, THEREFORE, 1992 is hereby postponed to j °ece Denton December 8, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the regular Council rtePting to be held on December 1, 1992 be postponed until December 8, 1992. SECTION I2, That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of T 1992, BOBS CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY A'T'TORNEY BY: i 1 y COUNCIL 04b f1 • ~ , of 11 p r Op it ` 3 Sr U . .f ~000000~ r o F,Jp,_ 4 °~~QQaaonooo~p~o. y I ~~endalten. c~_S'~. CITY COUNCIL REPORT TO: Mayor and Members of the City Council p FROM; Lloyd V. Harrell, City Manager SUBJECT: Resolution for revision to Nepotism Policy (102,08) C EI DATIONI It is the staffPs.recommendation to approve a resolution revising the Nepotism policy (102,08). It would include that an applicant for a job in a department which reports to or provides staff assistance to a city board or commission is ineligible for j employment in that depnrtment if the applicant is related within the second degree of affinity or the third degree of consanguinity to any member of the board or commission. It also includes that if a relative of an existing employee is appointed to a board or commission, the employee will not be in violation of this policy, SUMMAR In 1984, the City Council adopted a policy addresjing the hiring of relatives of City Council members and City of Denton employees, However, it did not address the hiring of relatives of members of boards or commissions, Because of the interest if a relative of a board or commission member is hired it was felt necessary to revise this policy to address that issue, Therefore, the revision was made to maize appplicants who are relatives of members of boardo and commission ineligible for hire in an area where that board or commission advises. The revision would albo specify that if a relative of an existing employee is named to a board or commission, the employee will not be in violation of this policy, ,E Monda Item__ Zsr , f City Council Report Nepotism Policy (102.08) ) Novembor 9, 1992 ` ROGRAMS DFan ----~__R3'MENT~_ S pR CR~pS AFF'EC'PED: .es members This o ofc Boards and Comm ssi on and would become l c~Ple hers' and Council approval.. i t.f.ve upon I FISCAL IMPACm: None Respe ully s b fitted: ,I loyd V. Harre11 7 Prepared y; City Manager / V Thoma-g W`-, Klinck, Dir~:ctor Human Resources Approv by: , WCut V" Be y~r ut ve 1) or M unicipal Se cec/Economic I~ p npment A APP00282 `r riepot Ism, r 3~7 RESOLUTION No. A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO NEPOTISM) AND f PROVIDING AN EFFECTIVE DATE. WHEREAS, the Director of Human Resources has presented a proposed for the City of Denton and regulations for the policy regarding certain employee rules Council's consideration; NOW, THEREFORE, , THE COUNCIL OF THE CITY OF DF.NTON HERFBY RESOLVES; a. part LE-Q her of, is hereby adopted nct an oFf cial attached hereto of the ade of Denton, Texas; as City Nepotism (Reference No. 102,08) i SET 0 31. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton With the City Secretary, (Reference No-II The previous policy relating to Nepotism 102'08), adopted by Resolution of this council on October 31, 1984 is hereby rescinded. TON ,1M, That if any .section, subsection sentence, clause, phrase or word in this resolution or paragc, or raph, application thereof to any person or circumstance is heldlinvalid by any court of competent jurisdiction uch holding shall not affect the validity of the remaining and the City Council of the City ofDent ,on, sTexastherebysdeclares it would have enacted such remaining portions despite any such invalidity, SET ON-y That this Resolution and the Polic effective on the 4th day of November, 3.992, S :hall become PASSED AND APPROVED this the day of 1942. AOf3 CAS'!'LEBERRY, MAYOR c 1. t; 1 JJ 11 AA,,„„ L~JJ E):J - ATTEST: JENNIFER WALTERS, CITY SECRETARY { BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: { PAGE 2 s M v. K !1 ?J p r Aq0 da ftGfR.../)s ' oil ~ n CITY OF DENTON PAGE -4-OF 3 POLICY/,ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE, SECTIONt PERSONNEL/EMPLOYEE RELATIONS SUBJECT; TEFFECTIVE E NUMBER; DATEt EMPLOYEE APPOINTMENT 92 { TITLFt REPIACESt NEPOTISH 10-31-84 POLICY 5'rATEMENTt M The City of Denton shall not contribute, through employment, in-house advancement or transfer process, to the creation of any inequity or impropriety among its employees. City Charter, Section 14.05 statest "No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the City Council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments." In a department comprised of more than one division, an applicant related within the second degree of affinity or within the third degree of consanguinity to a city empl.oyoe employed In that division will not be eligible for employment within the same division. An applicant for a job in a division consisting of one division who is related within the second degree of affinity and the third degree of consanguinity to an employee of the department will not be eligible for employment in that department. An applicant for a job in a division which reports to or serves as staff liaison to a City Board or Commission is ineligible for employment in that division if the applicant is related within the second degree of affinity or the third degree of consanguinity to any member of the Board. ADMINISTRATIVE PROCEDUREt 1. KINSHIP. For the purposes of this policy, the following shall constitute familial relationshipst A. Consanguinity (Blood Relationships) let Deoreg Mother Father Brother Sister Son Daughter 2IDd .Degree Grandfather Grandmother Grandson Granddaughter Uncle (your mother's or father's brother) Aunt (your mother's or father's sister) Nephew (your brother's or siater's eon) .7777 ! 'Tondrllion), 7.e6 PAGE 2 OF,~ y 2i et) POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued/ / TITLE; RUEAENCE NUNBER1 NEPOTISM 102.08 6 Niece (your brother's or slater'e daughter) let Cousin (your uncle's or aunt's son or daughter) Ord Decree Great grandson Great granddaughter ^ Great grandfather Great grandmother Grand nephew Grand niece Grand uncle Grand aunt second cousin B. Affinity (Marriage Relationships) 1st D tee Mother-in-Law Father-in-law Brother-in-law sister-in-law son-in-law Daughter-in-law nd _De tee Grandfather-in-law Grandmother-in-law 0+,•andson-in-law Granddaughter-in-law Uncle-in•-law (your spouse's uncle or your aunt's husband) Nephew-inalawy(yourpspouse'sunephewyour or ryour lniece's husband) letccousin-in-law r(yosouse's niece or our nehew's ur spouse's first couin or your wife) cousin's husband or wife) II. An applicant shall be requegted to list and shall list all relatives employed by the City or serving on a board or commission on his or her application for employment. III. No current employee may be appointed or promoted to any eupervi.sor's span of responsibility who is related within the second degree of affinity or the third degree of consanguinity to that manager. IV, In the event of promotion or marriage between two City employees, the following shall applyi A. If the a'focted employees are employed in different departments or different divisions of a department, those employoes will be permitted to remain with the city. 1 ~ t r. I J ~ A~ u?tVo . C1~ ~~?3 PAGE_ 3 OF3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (cont)nued TITLE[ NEPOTISM JR7FtENCE NUNBER~ 102.08 v B. If the affected employees are employed in the same division of a ? department, and they wish to remain City employees, one must seek a a department. This hdecision e ehallfbe madedandragreedoupono b those employees involved, An employee seeking a transfer will these considered for any City position for remain in the which he is qualified but cannot existing division for more than ninety (90) days, Qualifications being equal, the transferring employee shall be given preferential treatment, If a suitable position cannot be found by the and of this period, one of the two must terminate or be subject to reassignment if another position is available. Reassignment is subject to the discretion of the City Manager and the individual's skills and qualifications. V. Boards and Commissions If employee is already employed with the City employee is not required to transfer or resign o of Denton, then the a relative to a board or commission. However, an applicant ofoanrelative of an existing board member or member of a commission is not eligible for employment in the division which serves as the liaison to the Board or Commission, V1, If the city institutes a reorganization which changes division or department boundaries, and an employee would be working within the same division . of his employeesamustrtransferstoganotheredivision,i Theininety(90) one a the to arrange a transfer may be extended in 30 day re(9n day Period approval of the City Manager, the department director iandthe supervisor. The extension shall not exceed 90 calendar days. If a transfer is not possible the employee will be subject to mandatory reassinment. this is not possible, the employee will be subject to dismissal, For purposes of definition, immediate family applies to the second degree of connanguinity and to the second degree of affinity, I AAA000FG 10/26/92 c I ` 4 In CITE 5I T T~ -COUNCIL 0oo°0°o F 14ooo 0 ;OoF gO.'. UQooOp r o N ~ ~ Opo O - G - - f J1 TX1 :T T IT., -0 <I A Nonda No, Allenda Itam PITY -CQUBQIL -P TO: MAYOR AND MEMBERS OF THE CITY COUNCIL y FROM: LLOYD V. HARRELL, CITY MANAGER } SUBJECT: RESOLUTION ACCEPTING A GRANT OFFER FROM THE TEXAS STATE LIDRARY AND ARCHIVES COMMISSION , DATE: OCTOBER 30, 1992 ~C~E DA IOC: The Library recommends that the City Council review and approve the Grant Agreement for $97,133. QHMRY; The Denton Public Library has been approved to receive a $97,133 Library Construction Act (LSCA) Title 11 public library construction grant, for the purpose of constructing a branch library. Since the grant has been awarded and the application approved, the contract must be signed if all compliances can be met. In order to keep the grant intact, actual construction must be started an the branch library no later than September 1, 1993, (11 months). t I BAQEOROUM: Population growth and the resultant demand for the Denton Public Library's broad services have combined to create severe overcrowding, with its inevitable noise and confusion, sharply limiting the Library's ability to serve a growing clientele. The building of a new branch library will alleviate much of the overcrowding. With our critical need in mind, The City of Denton Library applied for and receivod this grant that will be applied toward the overall construction budget. Even if the grant is accepted now the City has the right to terminate the agreement with a 30 day notification. Funds will be held by the State until the final decision to construct the branch is made. In the next few weeks the Council will be receiving a comprehensive report on the future of library services in Denton. This report will describe the issues for Council to determine when, and if, the library branch can be built. rISCAL _TMPA~: Acceptance of this grant at this time will allow the State to simply hold these funds in reserve until a final decision orr library square footage and overall budget is made. RESPECTFULLY SUBMITTED: f%lLltl Lloyd Harrell, City M agar \ e i~yoda No, Ze PAGE TWO AnontlaItem_ ~C S CITY COUNCIL REPORT OCTOBER 90, 1992 y- PREPARED BY: ~r,GLlr~ G~~~.__ Joe] orr c Dir for of Library Services APPROV Mean, Executive Director Municip i Se vices/Economlo Development A8800128 { r 1 v, Sri ,l AOoIdPit Ot 7c ` CXas State.-Library i 11 Ir Jr'II;rl fIf •/r rf'r fit l .1/r flf' 1A Ir;fI rflfr//!Alifl'1'/(1f7Ir11111; 1201 ithelI)v ~`'l~l~dlll l). GoOCh llNrrfoo uml l rhrarlau July 29, 1992 k Joefia Orr, Director Denton Public Library 502 Oakland Denton, Texas 76201 Dear Joella: I ilm very pleased to Inform you that the Stale Library and Archives Commisslon formally approved the meitching $97,133 LSCA Title fl public library construction grant for the Denton Public library. Pending recelpt and approval of tho Application, we will forward a contract between the Texas State Library and the City of Denton for signature. We look forward to working with you on this project. Sincerely, William D. Gooch Director and Librarian 1,fl. 1 v. C; ALL0034A RESOLUTION NO. A RESOLUTION ACCEPTING A GRANT OFFER FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR CONSTRUCTING A PUBLIC LIBRARY FACILITY; AND PROVIDING FOR AN EFFECT'IVE DATE, WHEREAS, the City of Denton has submitted to the Texas State Library an application for assistance for a grant of funds for the construction of a new library facility; and WHEREAS, the Texas State Library has awarded to the City of Denton/Emily Fowler Public Library a Giant in the amount of One-Hundred for the Library Thirty-Three Facilityl NOW, THEREFORE, ,r THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; r' SECT'pN_ I. That the City of Denton hereby accepts the Grant Offer and agrees to comply with all of the assurances and condi- tions contained in the Contract For Construction of a Public Li- brary Facility, a copy of which is attached hereto, and the City Manager of the City of Denton or his designee is hereby authorized to execute such agreement, S Cr L That this resolution shall become effective im- mediately upon its passage and approval, PASSED AND APPROVED this the day of .,~o 1992. I BOB ~CAST1'_EB_EPRYj MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY 4 BY: APPROVED AS TO LEGAL FORM: DEBRA. A. DRAYOVITCH, CITY ATTORNEY BY: LI ALL0634A 1 Contract I1481.4 CONTRACT FOR CONSTRUCTION OF A PUBLIC LIBRARY FACILITY This Contract and Agrer;ment is entered into by and between the Texas State O Library and Archives Commission and the Local Governmental Unit, pursuant to the authority granted ar.,t in compliance with the provisions of V.I*,C.A, Code § 441.006, General Powers and fluties, and Public Law 101-7.54, theoLibraryt Services and Construction Act. I, CONTRACTING PARTIES: I The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Denton, Emily Fowler Public Library r 11. STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency agrees to make a grant of monies to be used for the purpose of constructing a public library facility as approved in the Performing Agency's grant application, The Performing Agency agrees to adhere to all of the program requirements set forth in the grant guidelines. 8, The Performing Agency may charge expenditures against this grant only If they are allowable under Title II of the Library Services and Construction Act and/or conform to the grant application budget, Grant funds may not be encumbered after May 31, 1995. By August 31, 1995, all obligations of the grant period must have been paid. A final Outlay Report and Request for Reimbursement for Construction Programs will be submitted to the Receiving Agency and all unexpended grant funds will be returned, or if additional payments are due the Performing Agency, such payments will be forwarded by the Receiving Agency, C. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments, The audit will be provided to the Receiving Agency no later than 180 days following the close of the city/cojnty fiscal year, An audit report will be provided for each fiscal year in which grant funds are expended. 0, The Performing Agency agrees to notify the Receiving Agency if all of the federal funds awarded under this grant will not be needed. Notification is required when excess funds total $5,000 or 5% of the grant, whichever is greater, ,y r Page 2 offjj E. The Performing Agency agrees to r ,a' 11 records, bookr~or of er°°--l J ~ documents pertaining to the project i period of five years. Such records shall be accessible to the Receiving Agency, the State Auditor, G~ and the Department of Education or their authorized representatives. All records pertaining to equipment purchased with grant funds must be retained for five years following the date of disposition, F, The Performing Agency certifies that it will comply with the assurances set forth in the Public Library Construction grant application submitted to the Receiving Agency which requested federal and/or state assistance. G• The Performing Agency shall provide the following documents to the j Receiving Agency prior to placing the project on bid: 1. A written building program developed with the assistance of a Library Building Consultant (i.e., librarian with a Master's Degree in Library Science from an ALA accredited library school who is experienced in public library building planning), 2. An evaluation of flood hazards in connection with the proposed construction including assurance by the Performing Agency that in so far as practicable uneconomic, hazardous, or unnecessary use of flood plains will be avoided, 3. An assessment of the impact of the proposed construction on the quality of the environment in accordance with Section 102 (2)(c) of the National Environmental Poiicy Act of 1969 and Executive Order 11514, 4. A description of the relationship of the proposed construction to and probable effect on any district, site, building, structure, or object that is: (a) included in the National Register of Historic Places or (b) eligible under criteria established by the Secretary of Interior for Inclusion in the National Register of Historic Places, 5, Statement of compliance with federal statutes and regulatiars on non-discrimination as defined on HEW Form 441. 6, A statement of certification by a registered architect that the proposed facility will be designed to make it accessible to and usable by the physically handicapped. H. The Receiving Agency will be provided a copy of the tabulation of all bids received with the bid accepted so designated, The Receiving Agency will also be provided a copy of the construction contract or contracts and all contract documents, The construction contract must be signed on or before August 31, 1993. \I w t i i r. i~ n page 3 of 7 I. The Performing Agency agrees to dis la t,'lo~d`lllenr' r staling that Federal funds providedpunderathehLib~aryrSerrvwcesjand a s_i Construction Act are being used for this project. g in the completed building indicating the date of completiongandisourcee of funds, the Performing Agency will note on the plaque that funds were provided under the Act. J. The Performing Agency certifies that all local matching funds listed in the grant application will be expended for the proposed project. 4 K. When procuring equipment, construction, or other services with grant funds, the Performing Agency shall comply with all of the procurement procedures detailed in the Uniform Grant and Contract Management Standards for State Agencies. L. The Performing Agency agrees to obtain the specific written approval of the Receiving gency prior to expending grant funds for the purchase of equipment or when sub-contracting any part of this grant. M. The Performing Agency agrees to maintain inventory records of all non- expendable personal property purchased with grant funds having a unit acquisition cost of $300 or more and to conduct 1 n r vn o r e pr pe ty in accordance with the Uniform Grant and Contrractshanagement Standards for State Agencies. The Performing Agency further agrees to report all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form M. 51-12, "Property Inventory Record," by August 31, 1995. N. The Performing Agency shall have or obtain a full title or other interest in the site, including right of access, that is sufficient to insure the undisturbed use and possession of the facility for 20 years or the useful life of the facility, whichever is longer. 0. The Performing Agency shall insure that the construction is functional, economical, and not elaborate in the use of materials, compared with facilities of a similar, type constructed in the State or other geographical area. It will comply with the standards under the Occupational Safety and Health Act of 1970 in planning for and designing the facility. P. The Performing Agency shall observe the Life Safety Code, National Fire Protection Association publication No. 101 and state and local codes which have been certified as exceeding the Life Safety Code. Q. The Performing Agency assures that the building will, to the extent feasible, make efficient use of energy and that it will comply with Standard 90-75 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers in designing and constructing the facility, R. The Performing Agency must secure the approval of the Receiving Agency if there Is a material change in approved space utilization or functional layout. 1 i1 Page 4 of ; The Performing n comp Yi4hc'ek n t.4gency will assume responsibility for isuring'`... . assurance that contractorsncomplyiwithoFederalcccontracctsconditldons relat d to labor standards and equal employment, T. The Performing Agency agrees to submit quarterly expenditure reports on the SF 27.1, Outlay Report and Request for Reimbursement for Construction Programs, until the proposed facility is completed, U. The Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract, The Performing Agency further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from c contractors, potential contractors or parties to subagreements, V. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency, During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement, W. The Contracting Parties may terminate this contract by giving written ' notice at least (30) days prior to the effective dates of such termination, Termination procedures shall adhere to the Uniform Grant and Contract Management Standards for State Agencies. X. The Performing Agency shall administer this grant in accordance with the Uniform Grant and Contract Management Standards for State Agencies which shall be considered a part of this contract. This grant is also subject to federal regulations contained in Title 34 CFR 76; 34 CFR 80; and 34 CFR 770. 111, PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation items or accounts of the Receiving Agency from which like expenditures would , normally be paid, based upon an Dutlay Report and Request for Reimbursement for Construction Programs submitted by the Performing Agency on Form SF 271. The request will be only for the amount of funds required to meet disbursement needs for a one-month period, but should not be less than $250 per request. IV, TERM OF CONIRACT: This Contract is to begin September 1, 1992 and shall terminate August 31, 1995. l i f t; Paje 5 of 7 /~LlOiil`,El lfG!IL/~wS_ # 7C~. ~w. ~ - M.... V. BASES FOR CALCULATING REIMBURSABLE COSTS; Land, Structures, Right-of-way vJ'~ts/// $ 48,600 OO Architectural/Engineering Basic Fees 76,000 Construction and Project improvement r~ 124,00 Equipment 120,000 i TOTAL PROJECT AMOUNT $968,600 + Funds may be transferred to cost categories not established in this contract only if prior authorization is obtained from the Receiving Agency, This provision does not allow the total amount of Federal funds to be exceeded. The use of Federal funds for payment of contingencies is unallowable. Therefore, contingencies may be paid only from local matching funds, ALLOWABLE COSTS UNDER TITLE II GRANTS The following costs may be paid from LSCA Title 11 funds in accordance with the Library Services and Construction Act: a. Erection of new buildings to be used for public library facilities. b. Expansion, remodeling, and alteration--as distinguished from maintenance and repair--of existing library buildings or buildings to be used for public library purposes, c. Expenses---other than interest and the carrying charges on borids-.-related to the acquisition of an existing building or of land on which there is to be construction of new buildings or expansion of existing buildings to be used for public library buildings, These expenses are allowable if they were incurred three years prior to date on which the Texas State Library approved the project, To be allowable, the expense must constitute an actual cost or transfer of public funds in accordance with the usual procedures of the local government, d. Site grading and improvement of land on which these facilities are located, e. Architectural, engineering, and inspection expenses incurred after site selection, r. Expenses related to the acquisition and installation of initial equipment to be located in a public library facility. This equipment includes all necessary building fixtures and utilities, office furniture, and public library equipment. An applicant may not include the cost of books or other library materials. S~ t 5 f ,*4 i Page 6 of 7 krflda VI. CONTRACT AMOUNT: The total amount of Federal LSCA Funds committed for this contract shall not / exceed: $97,133 Ninet_ v-Sgvgn ThQu_sand ne Hun~ai Thirty-Threw Dollar;, Source of Funds in this Contract: i $508 LSCA Title II, FFY 1988 Carryover $96,625 LSCA Title II, FFY 1992 Carryover C:FDA 11 84-154 $871,467 Local Matching 4 i The undersioned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (2) the services, supplies or materi.ils contracted for are required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the arrangements a nd payments contracted for are in compliance with the provisions for Programs of the ProvisiDepartment of Education, and the Genera) 101-254, and the State Library Plan for operation under the Library Services and Construction 1 Act, RECEIVING AGENCY PERFORMING AGENCY Texas State Library City of Denton E m i I Y..f21.4~ Aub l i G L i brace 8y: 1, By: Signature (Must be an official empowered to enter into contracts) ifam L. GooclL~~ Typewritten Name Above Typewritten or )rinted Mame Above i t it le - Title & Lust 20 199 _ Date r Oate - l 4I~ c . F tj t 1 r Page 7 cf 7 Type or, print name of local fiscal Type or print name of individual officer responsible for account into designated as the person entrusted which these funds are to be paid, with the safekeeping of the property acquired with grant funds. (if applicable) I Mame of Fiscal Officer Name` property Manager F Title (Must be an offici(Tl of Position or Property Manager the Performing Agency) ADDRESS R V ADDRESS I TELEPHONE NUMBER y TELEPHONE NUMBER C 1 Y.